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SHAMSHUL ISLAM @ PAYARE MIYAN versus MOHAMMAD AHMAD & ANOTHER

High Court of Judicature at Allahabad

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Shamshul Islam @ Payare Miyan v. Mohammad Ahmad & Another - CIVIL REVISION No. - 370 of 2007 [2007] RD-AH 15949 (24 September 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon. Tarun Agarwala,J.

The District Judge has transferred the suit from the court of Civil Judge (Senior Division) to the Additional District Judge and an objection was raised by the defendant to the effect that the Additional District Judge has no power to hear the suit. This objection was rejected, against which the present revision has been filed. In my view under Section 24 of the C.P.C. the District Judge can transfer the suit pending to any other court subordinate to it. Section 24(3) of the C.P.C. contemplates that an Additional District Judge shall be deemed to be a Court subordinate to the District Court. In view of the aforesaid, the transfer of the case from the Court of Civil Judge to the Court of Additional District Judge does not require any interference.

The civil revision fails and is dismissed.

Dated: 24.9.2007

AKJ( CR 370/07)


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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