SRINIVASA AIYAR Vs. BALAKRISHNA DEVAI

JUDGEMENT

(1.) This is an application for the transfer of a suit from the Presidency Court of Small Causes to this court and the application has come on before us, as a Bench sitting on the appellate side of the court

(2.) A preliminary objection was taken by the counter-petitioner that we have no jurisdiction to hear it, as the application should be made to a judge sitting on the original side. We are of opinion that this objection must be upheld.

(3.) Section 13 of the Letters Patent gives power to the High Court as a Court of Extraordinary Original. Civil Jurisdiction to with draw a suit pending in any other court and to try and dispose of it itself. According to that section the power of transfer is to be exercised by the High Court as a court of extraordinary original jurisdiction. It is contended that this does not show that this court has not also got the power to direct a transfer in the exercise of its appellate jurisdiction. Reliance is placed in support of this contention on Section 24 of the Code of Civil Procedure and on Appellate Side Rules of Practice, Rule No. 2, Clause (4). So far as the former provision of law is concerned, it merely gives power to the High Court to withdraw a suit pending in any court subordinate to it and to try and dispose of the same and has nothing to do with the question whether the High Court should exercise the power as a court of original or appellate jurisdiction. It does not, therefore, help the petitioner s contention in any way.