ABINASH CHANDER Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an application on for transfer in a civil suit pending between the parties in the court of Additional District Judge Jammu The suit was originally filed in this court and since the valuation was less than Rs. 50,000/ - it has been transferred for hearing and disposal to the Additional District Judge, Jammu. The petitioner has prayed that the order be recalled and the suit be withdrawn to the file of this court for trial and disposal under law. The main ground urged in support of the prayer is" that the subject matter of and cause of action for the suit pertains to District Udhampur and as such the court of Addl. District Judge of Jammu cannot have any legal jurisdiction to try the suit unless proper procedure is followed Assuming that the Additional District Judge does not have the territorial jurisdiction to try the suit, he can still conduct the trial if the case is transferred to him by this court.

(2.) THE ground taken therefore has no merit in it. The other ground urged in the application is that the valuation of the suit, is as the applicant puts it implicily huge" That does not disentitle the District Judge to try the suit if he can otherwise do so under law. This ground too has no substance in it. For the reasons stated above this application is rejected.