- (1.) Civil Misc. Application No.143408 of 2016: Civil Misc. Application No.69142 of 2016: 1. Appellant filed Civil Misc. Application No.143408 of 2016, under Section 21 of Bengal, Agra and Assam Civil Courts Act, 1887 (hereinafter referred to as "Act, 1887), with a prayer that record of First Appeal, under consideration, be transmitted to the Court of District Judge, Allahabad, in view of amendment in Section 21 of Act,1887 by U.P. Act No.14 of 2015 as well as notification issued by Chief Justice, dated 9.2.2016, under Section 21 (1) (b) of Act, 1887.
(2.) This application was assigned to the Bench presided by one of us (Hon' Sudhir Agarwal, J) by Chief Justice vide order dated 3.5.2016.
(3.) When matter came-up on 10th May, 2016, learned counsel for plaintiff-respondent informed that they have also filed Civil Misc. Application No.69142 of 2016, under Section 24 of Code of Civil Procedure (hereinafter referred to as "C.P.C.") read with Chapter XXII, Rule 1 of Allahabad High Court Rules, 1952 (hereinafter referred to as "Rules, 1952") for transfer of this appeal to this Court since substantial hearing has already taken place and matter having been expedited by Hon'ble Supreme Court, it be appropriate to be heard and decided by this Court. This Transfer Application was cognizable by Single Judge, hence, Division Bench again on 10.5.2016 directed the matter to be placed before Chief Justice so that both applications may be heard by same Bench.;