BHAGWANDAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a revision application by the plaintiff in a suit for recovery of money. The suit was dismissed by the Munsif, Sironj on 23-12-1955. An appeal was preferred in the court of District Judge, Kota on 23-1-1956. It was pending in that court on 1-11-1956 when Sironj was transferred from Rajasthan to Madhya Pradesh. On 22-5-1956 the District Judge transferred the appeal for disposal to the Civil Judge Bundi who dismissed it on 16-1-1957.

(2.) One of the grounds taken in the revision application is that the court of Civil Judge, Bundi, had no jurisdiction to decide the appeal as under Section 125 of the States Reorganization Act, 1956 it stood transferred to the court of District Judge Bhilsa in Madhya Pradesh. The relevant portion of Section 125 runs as follows :

(3.) The defendant being the State of Rajasthan the suit could only he filed in a court having jurisdiction over the place where the cause of action arose. The cause of action in the present suit wholly arose in Sironj, Section 125 of the States Reorganization Act is applicable to the present case. The civil appeal pending in the court of Civil Judge, Bundi on 1-11-1956 stood transferred to the court of District Judge, Bhilsa, on that date.