MOHAMMAD RAMZAN SOFI Vs. KRISHEN LAL

JUDGEMENT

(1.) This civil revision petition is directed against the impugned order passed by learned District Judge, Srinagar on 3-3-1997 in a miscellaneous transfer petition captioned Krishen Lal Isher v. Mohammad Ramzan Sofi and others. The learned Judge has passed the order which reads as under :

(2.) Petitioner in the present revision petition has stated that he has filed a civil suit for ejectment which is pending in the Court of Sub-Judge (Judge Small Causes Court, Srinagar) respondent-K. L. Isher, who is defendant in the case had also filed a suit for injunction before the Court of 1st Addl. Munsiff, Srinagar. Respondent has come up with an application for transfer before the Court of District Judge, Srinagar seeking transfer of the case pending in the Court of Ist Addl. Munsiff to the Court of Judge Small Cause, just to avoid apprehension of conflicting judgments. The learned District Judge, Srinagar by passing the above impugned order declined to hear the matter on the personal grounds and accordingly transferred the application to the Court of Additional District Judge, Srinagar for disposal. This transfer has been assailed by the petitioner on the ground that under S. 24 Code of Civil Procedure, it is only the High Court or the Principal District Judge who can hear the transfer case from one Subordinate Court to another Court. Petitioner raised the plea that the Additional District Judge is not competent to hear the transfer application and cannot transfer a case from one subordinate Court to another Court vis-a-vis under S. 24 of the C.P.C. He stated that by virtue of S. 24 exclusive power of transferring the case from one subordinate Court to another Court vests with Principal District Judge, or with High Court and the District Judge has no authority and power to delegate the same to any Additional District Judge, unless he gets sanction from the High Court.

(3.) No legal assistance is available in this case, because nemo is present for the parties. However, the point is very important, so I intend to dispose of this, on merits. S. 32 of Civil Courts Act is regarding the delegation of powers of District Judge. A District Judge may, with the previous sanction of the High Court, delegate to any Subordinate Judge in the District the power conferred on a District Court by Ss. 28, 29 and 30 of this Act and S. 24 of the Code of Civil Procedure, to be exercised by the Subordinate Court/Judge in any specified portion of tile districts, subject to the control of the District Court. This provision is not relevant in the matter, because, this is regarding the delegation of District Judge's powers to Subordinate Judges.Additional District Judge here has been deleted purposely, because under S. 16 of the Civil Courts Act, he has already got the powers of District Judge regarding the cases which are assigned to him.