BABU SINGH Vs. RAJ BAHADUR SINGH
LAWS(ALL)-2022-11-80
HIGH COURT OF ALLAHABAD
Decided on November 10,2022

BABU SINGH Appellant
VERSUS
RAJ BAHADUR SINGH Respondents


Referred Judgements :-

GORACHAND DAS VS. DIPALI DAS [REFERRED TO]
SADHANA LODH VS. NATIONAL INSURANCE COMPANY LTD. AND OTHERS [REFERRED TO]
JAIKARAN SINGH AND OTHERS VS. BALAKRAM AND OTHERS [REFERRED TO]
SHEO NANDAN LAL VS. MANGAL CHAND [REFERRED TO]
VISHESH KUMAR VS. SHANTI PRASAD [REFERRED TO]
PREM BAKSHI VS. DHARAM DEV [REFERRED TO]
KULWINDER KAUR ALIAS KULWINDER GURCHARAN SINGH VS. KANDI FRIENDS EDUCATION TRUST [REFERRED TO]
HAR PRASAD SINGH VS. RAM SWARUP [REFERRED TO]
JUPITER CHIT FUND PRIVATE LTD VS. DWARIKA DHISH DAYAL [REFERRED TO]
JAGDISH KUMAR VS. DISTRICT JUDGE BUDAUN [REFERRED TO]
RAM DHANI VS. RAJA RAM [REFERRED TO]
M V GANESH PRASAD VS. M L VASUDEVAMURTHY [REFERRED TO]
PARAS JAIN VS. IZHAR AHMAD [REFERRED TO]
SUNITA DEVI VS. RAM KRIPAL [REFERRED TO]
ISHTIYAK AHMAD VS. MEENA AND 6 OTHERS [REFERRED TO]
JAGDISH NARAYAN TANDON AND 3 OTHERS VS. ONKAR NATH TANDON AND 10 OTHERS [REFERRED TO]


JUDGEMENT

RAJESH BINDAL, C,J. - (1.)On a reference made by the learned Single Judge vide order dated December 10, 2021 to a larger Bench and constitution thereof by Hon'ble the Chief Justice, on administrative side, for consideration of the following questions, the matter has been placed before us :
"(i) Whether the order passed by District judge under Sec. 24 CPC is revisable under Sec. 115 CPC as applicable in the State of U.P.?

(ii) Whether another application under Sec. 24 CPC by the same applicant based on the same cause would be maintainable before the High Court, without challenging an order of the District Judge which has also been passed under Sec. 24 CPC under Sec. 115 CPC or Article 227 of the Constitution of India, as the case may be?

(iii) Whether pronouncements of this Court in the case of Sunit Devi and Indian Oil Corporation (supra) lay down the law correctly on the subject matter in issue or it is the decision by a Co-ordinate Benches in the case of Jagdish Kumar and Amit Pachauri (supra) which understand and lay down the law correctly on the issues aforesaid?"

Transfer Application (Civil) No.-121 of 2021 :-

(2.)It is a case in which the applicants filed an application under Sec. 24 of the CPC[Code of Civil Procedure, 1908] in the Court of District Judge, Unnao seeking transfer of Regular Suit No. 182 of 1996 (Babu Singh and others vs. Raj Bahadur Singh) from the Court of Civil Judge, Junior Division, Safipur, District-Unnao to any other Court of Civil Judge, Junior Division, Unnao. The ground for seeking such transfer was that the husband of applicant no. 1/1, who is an Advocate, is pursuing their case and on each and every date he has to go to Tehsil Safipur, which is situated at a distance of more than 30 km from Unnao. Hence, it would be convenient for him to pursue the case, if the same is transferred to Unnao. When the application was rejected by the learned District Judge vide order dated September 20, 2021 on the ground that the property in question in the suit is situated in Safipur, District-Unnao, therefore, the case cannot transferred, being aggrieved, the applicants filed the present application under Sec. 24 CPC before this Court seeking the relief as sought for before the Court below.
Transfer Applications (Civil) No.-123 and 124 of 2021 :-

(3.)In these cases, transfer of Regular Suit No. 2791 of 1996 (Babu Singh and others vs. Raj Bahadur Singh) and Regular Suit No. 367 of 2018 (Shivji Virajman Mandir through Shivnath Singh vs. Reena Singh and others) was sought respectively from the Court of Civil Judge, Junior Division, Safipur, District-Unnao to any other Court of Civil Judge, Junior Division, Unnao has been sought, on the same ground as taken in seeking transfer of Regular Suit No. 182 of 1996, by filing applications under Sec. 24 CPC. These applications were rejected by the learned District Judge vide order dated September 20, 2021. However, setting aside of the order dated September 20, 2021 passed by the District Judge has not been sought in both these applications filed under Sec. 24 CPC before this Court.


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