KISHORI LAL Vs. GARUD DHAWAJ

JUDGEMENT

(1.) This application has been filed by one of the Plaintiffs for re -calling the order passed by the learned Single Judge in OMP 65 of 1995, arising out of C.S. 112 of 1984. By the said order, the Civil Suit, namely, C.S. No. 112 of 1984 was transferred to the files of the learned District Judge, Solan for disposal in accordance with law from the files of this Court.

(2.) According to the learned Counsel for the applicant, in view of Sec. 21A, as introduced by the Amending Act No. 1 of 1995 in the Himachal Pradesh Courts Act, 1976, only the Chief Justice can pass such transfer' order and, therefore, the above order is illegal and invalid. The said Sec. runs as follows:

(3.) After the said amendment was made, the then Chief Justice of this Court, exercising the powers under Ss. 10 and 11 of the H.P. Courts Act, 1976, issued a Notification on 21st of February, 1995, fixing the pecuniary jurisdiction of District Judges/Addl. District Judges, Senior Sub Judges/other Subordinate Judges. There is no dispute that the present suit comes within the pecuniary jurisdiction of the learned District Judge, in view of the amendment made and also the Notification issued.