- (1.) THIS petition under Section 24 of Code of Civil Procedure has been preferred seeking an order of this Court for transferring the revision petition filed by the petitioner under Section 333 of Uttar Pradesh Zamindari Abolition and Land Reforms Act pending before the court of Additional Commissioner, Faizabad Division, Faizabad.
(2.) SECTION 24 of CPC runs as under: - "24.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) withdraw 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to try or dispose of the same; or (iii) retransfer the same for trial or disposal to the Court from which it was withdrawn. (2) Where any suit or proceeding has been transferred or withdrawn under sub -section (1), the Court which [is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the case of any order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn. (3) For the purposes of this section, - (a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court; (b) "proceeding" includes a proceeding for the execution of a decree or order.] (4) the Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes. (5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it.".
(3.) PERUSAL of the aforequoted provision of Section 24 of CPC reveals that the jurisdiction of this Court has been restricted to a general power of transfer and withdrawal of the case from the court subordinate to it and further that it is only a civil court which can be said to be subordinate to High Court for the purpose of exercising its power or authority under Section 24 of CPC, in view of provision contained in Section 3 of the Code. Section 3 of the Code clearly provides that for the purposes of this Code, the District Court is subordinate to the High Court and every civil court of a grade inferior to that of a District Court and every Court of small causes is subordinate to the High Court and District Court.;