KUPPAN Vs. S AKUPPAMMAL

JUDGEMENT

(1.) THESE petitions are filed under Sec. 24 of the Civil procedure Code praying for withdrawal and transfer of A. S. S. R. Nos. 16110 and 16111 of 1993 respectively from the file of the Principal City Civil Court , Madras to the appellate side of the High Court in deciding the maintainability of the said appeal. Learned counsel for the petitioner was heard with regard to the maintainability of these two petitions. He would submit that before the appeal is taken on file by the Presiding Officer of a court, it is to be construed as a "proceeding" and as such it will come within the purview of Sec. 24 of the Civil Procedure Code and so these petitions are maintainable.

(2.) I have carefully considered the submissions made by learned counsel for the petitioner. The term 'proceedin g has not been defined in this section or in Sec. 2 of the Civil Procedure Code. But Sec ,2 4 (3) (b) of the Civil Procedure Code reads as follows: " 'proceeding includes a proceeding for execution of a decree or order". That would give an indication as to what the meaning of 'proceeding is. It is apparent that for the purpose of Sec. 24 of the Civil Procedure Code, 'proceeding is one which was already taken on file and pending before a court for trial or disposal. I am fortified in coming to this conclusion from the language of Sec. 24 of the civil Procedure Code itself. For the purpose of convenience it needs extraction and it reads as follows: "general power of transfer and withdrawal: (1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may, at any stage- (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any court subordinate to it and competent to try or dispose of the same, or (b) withdra w any suit, appeal or other Proceeding pending in any court subordinate to it, and (i ) try or dispose of the same or (ii) transfer the same for trial or disposal to any court subordinate to it and competent to try or dispose of the same" [emphasis supplied] Trial or disposal of a suit, appeal or a "proceeding" would pre-suppose that the suit appeal or proceeding" was already taken on file. Taking this view of the matter, I am clear that petition under Sec. 24 of the Civil Procedure Code would not be maintainable with regard to matters, before they were taken on file.