BIBI AISA BEGUM Vs. BIBI SAHNAZ BEGUM

JUDGEMENT

(1.) This is a petition by the defendants-first party against an order of transfer of a suit for partition in which till 25th November. 1988 seventy four witnesses were examined by the petitioners, after the plaintiff (opposite party herein) had led her evidence. On that day the plaintiff filed an application before the District Judge, East Champaran, Motihari (who retired on 30th November, 1988) alleging certain allegations against the trial court and claiming herself to a helpless lady, but without serving its copy on the petitioners or intimating the court that she has filed such an application. On 26-11-1988 the learned District Judge, without issuing any notice to the petitioners, even though, they were impleaded as opposite party to the transfer application and/or calling for any explanation from the trial court, taking into account that the petitioner is a lady, transferred the suit to the court of Subordinate Judge, IV, Motihari for its disposal. On 28-11-1988 three other witnesses, namely D.Ws. 75, 76 and 77, were also examined by the petitioners before the subordinate Judge, I and on that also the opposite party did not inform the court or the petitioners of the transfer order.

(2.) The defendants first party moved this Court on 14-12-1988 challenging the validity, legality and propriety of the ex-parte order of the suit from the court of Subordinate Judge, I to Subordinate Judge, VI, Motihari.

(3.) The opposite party filed a case at and on 19-12-1988 desired to be heard before passing any order in this civil revision application.