TUMMALA RAMAKRISHNAMMA CHOWDARI Vs. TUMMALA VENKAYAMMA
HIGH COURT OF ANDHRA PRADESH
Tummala Ramakrishnamma Chowdari
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JAGANMOHAN REDDY,J. -
(1.) This revision concerns with the question whether the Principal District Munsif has the power to transfer a case to the Addl. District Munsif of which he has seisin of and in which he has framed issues. Obviously he cannot exercise powers under Section 24, C.P.C. The only provision to which a reference may be made is Section 4-A of the Civil Courts Act under which a Principal District Munsif has power of allocating work between himself and the Addl. District Munsif. In other words he can allot cases which he has not seisin of, but once he has seisin of a case and is proceeding with it, he cannot at any stage thereafter exercise any powers under Section 4-A which are not meant for that purpose by transferring a case, nor would the words 'make over' in the order change the position. Where there is an initial lack of jurisdiction in the Principal District Munsif to the transfer of a case at that stage, it will not be proper to consider whether such an initial lack of jurisdiction can be condoned on the ground that there has been no injustice. I accordingly allow the revision petition with costs and set aside the order of the learned District Munsif.
Revision allowed. ;
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