MOHABOR RAHMAN Vs. HAZI ABDUR RAHIM

JUDGEMENT

(1.) This Rule was granted, calling upon the opposite party to show cause why a suit pending in the Court of the District Judge of Hooghly should not be transferred to the Court of the Additional District Judge at Howrah.

(2.) The suit was one under Section 92 of the Civil Procedure Code for the removal of the defendant-opposite party from the office of Mutwalli of a waqf property and for other reliefs. The application for transfer was made on the ground of convenience of the parties. The District Judge of Hooghly was moved by the petitioner for transferring the case, but he disallowed the application, being of opinion that a suit coming under Section 92 of the Civil Procedure Code "requires authorization by the Local Government in the case of a Court which is not the principal Civil Court of Original Jurisdiction."

(3.) Section 92 of the Civil Procedure Code provides that a suit may be instituted in the principal Civil Court of Original Jurisdiction or in any other Court empowered in that behalf by the Local Government within the local limits of whose jurisdiction the whole or any part of the subject-matter of the trust is situate.