- (1.) The applicants are claimants. Their claim petition under the Motor Vehicles Act, 1988 is pending before the Motor Accident Claims Tribunal. Applicants by means of this application under Section 24 C.P.C. wants that the aforesaid claim petition be transferred to the Lok Adalat of the District. I have heard learned counsel for the applicants.
(2.) Section 24 of the C.P.C. contains the general power of transfer and withdrawal of suit from one court to another. It provides that a High Court or the District Court may at any stage withdraw any suit, appeal or other proceedings pending in any court sub-ordinate to it and transfer the case for trial or disposal to any court subordinate to it and competent to try or dispose of the same.
(3.) The relevant portion of Section 24, C.P.C. is reproduced herein below:- 24. General power of transfer and with drawal--(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).............. (b) withdraw any suit, appeal or other proceedings pending in any Court subordinate to it, and- (i).................... (ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or (iii)....................... (2)................... (3).................... (a).................... (b)........................ (4)........................ (5)........................ A plain reading of the aforesaid provision makes it clear that the power of withdrawal and transfer of the suit, appeal or other proceedings is available to the High Court or the district court only if such suit, appeal or proceeding is pending in a court subordinate to it and are sought to be transferred to a competent court again subordinate to it and not otherwise.;