LAWS(PAT)-2008-9-151

MANSOOR ALAM Vs. NASSEERUDDIN KHAN

Decided On September 03, 2008
MANSOOR ALAM Appellant
V/S
NASSEERUDDIN KHAN Respondents

JUDGEMENT

(1.) HEARD counsel for the petitioners.

(2.) THE plaintiff-petitioner is aggrieved by the operative portion of the impugned order dated 11-8-2008 whereby and whereunder the Court below has transferred the case to nawadah Judgeship in purported exercise of power under Section 37 of the Code of civil Procedure.

(3.) COUNSEL for the petitioner has submitted that the records of Partition Suit No. 29 of 1959/24 of 1956 were pending before the trial Court, namely, Court of Sub-Judge iv, Gaya at the stage of final decree proceeding and therefore, they ought to have not been transferred only because bifurcation of Gaya District and the suit land becoming part and parcel of Nawadah District. In this context he has also emphasized that a decree of the year 1961 arising out of the suit of the year 1956 ought to have been not transferred from Gaya, inasmuch as the court at Gaya had still jurisdiction in terms of proviso (2) of Section 37 of the Code of Civil Procedure.