TULSI DAS Vs. MOOII DEVI

JUDGEMENT

(1.) The present revision petition arises out of the decision of the trial Court dated 9-11-1995 whereby an application filed by the petitioner was dismissed by the trial Court.

(2.) Learned counsel pressed before the trial Court that in view of Rule 19 of the Rajasthan Civil Court Ordinance (hereinafter called 'the Ordinance'), this case is not liable to be tried by the court of Civil Judge (Junior Division). The trial Court held that in view of a Division Bench decision of this Court the case has been transferred by the District Judge while exercising powers under Sec. 24 C.P.C. Learned counsel for the petitioner urges that the decision of the Division Bench requires reconsideration for the following reasons :

(3.) I have considered the submissions made by the learned counsel for the petitioner at Bar. The Hon'ble Supreme Court has considered the competence of a Bench making a reference in a case of Coir Board Ernakulam, Kerala State v. Indira Devi P.S. reported in (2000)1 SCC 224 and has held as under :-