JOSYULA VENKATESWARALU Vs. KASTURI SESHAGIRI RAO

JUDGEMENT

(1.) IN this matter the suit was filed in the Village Munsif's Court on 30 October 1928. On 2 November, 1928 the defendant who had filed no written statement applied to the District Munsif, under Section 21, Village Courts Act, to have the suit transferred to the District Munsif. On 7 November 1928, the District Munsif granted an interim stay of trial of the suit in the Village Munsif's Court; but this order was not communicated to the Village Munsif, till 20 November 1928. Meanwhile, on 8 November 1928, the Village Munsif heard the case, examined the plaintiff and his witness and passed a decree ex parte, the defendant not appearing. Section 21 provides that the District Munsif may, on the application of any of the parties, withdraw any suit and try the suit himself, as if it had been instituted in his own Court. But this provision presupposes that the suit still remains to be tried. IN the present case, the suit bad been decreed before the District Munsif's order reached the Village Munsif; and there was consequently no suit, which could be transferred for trial. With regard to Section 73 of the Act there is no suggestion that the conduct of the Village Munsif calls the provisions of that section into operation. The District Munsif had accordingly no jurisdiction to set aside the Village Munsif's decree, The petition is allowed with costs throughout.