POSAN SINGH Vs. INDERDEO SINGH

JUDGEMENT

(1.) This appeal by the defts. is directed against a decision of the Additional Dist. J. of Monghyr. confirming the decree of the Additional Munsif, Third Court, Monghyr, dismissing Title Suit No. 161/822-of 1945/1946.

(2.) The facts of the suit need not be stated as Mr. Lal Narayan Sinha for the appellants, frankly admits that in second appeal he cannot challenge the decision on the merits. The point he raises is one relating to jurisdiction. The suit was instituted on 7-12-1945 in the court of the Munsif, Second Court, Monghyr. On 16-8-194S by an order of the Dist. J., it was transferred to the Addl. Munsif, Second Court, Monghyr. On 20-9-1946, the record of the case was sent to the Additional Munsif, Third Court, Monghyr, with an endorsement of the Additional Munsif, Second Court, on the order-sheet :

(3.) Mr. Lal Narayan Sinha admits that, as to place, valuation, subject-matter & person, the third Add'tional Munsif had jurisdiction to entertain the suit. But he contends that, as the suit was in the seisin of the second Additional Munsif, it could not, without an order of transfer Under Section 24 of the Civil P. C., have been dealt with by the Third Additional Munsif. His point is that not more than one Ct. can be in seisin of of a suit at one time.