S.K.Phaujdar, J. - (1.) THIS is an applica tion under Section 24 of the CPC for trans fer of Suit No. 1182 of 1995 from the file of the IInd Addl Civil Judge, Senior Division, Meerut, to the file of Sri R.C. Misra IIIrd Addl. Chief Judicial Magistrate at Meerut for the delivery of judgment.
(2.) IT appears that Sri R.C. Misra had been presiding over the court of IInd Addl, Civil Judge, Sr. Division, at Meerut, and the matter was being heard by him, he had heard the arguments of the parties and had fixed the case on 24-7-1966 for orders. Written arguments were also advanced before him, by a notification No. 1938/DR (S)/96 dated 23-7-1996 of the High Court Sri R.C. Misra was posted in the criminal court at Meerut as the IIIrd Addl. Chief Judicial Magistrate and Sri P.C. Misra was posted as the IInd Addl. Civil Judge, Sr. Division, Meerut, vide Sri R.C. Misra by notification No. 1937/DR (S)/96 of the same date. The matter is now pending before Sri P.C. Misra, the new in cumbent in the court of IInd Addl. Civil Judge Sr. Division, Meerut. The District Judge, Meerut, was ap proached by the present applicant to trans fer the case to Sri R.C. Misra, who was at the station albeit in a different capacity. The application was dismissed on the ground that Sri R.C. Misra was not holding and civil power and the matter could not be transferred to him. Only thereafter, the present application has been made with the prayer to transfer the matter to Sri R.C. Misra. Reliance was placed on Rule 94 of the General Rules and Orders (Civil) made by the High Court for the guidance of the civil courts subordinate to the High Court of Judicature at Allahabad. Under this rule, a judge is required to deliver judgment within a reasonable time after the close of the case and that period should not or dinarily exceed 15 days. When a judge is transferred, he shall ordinarily deliver judg ment in all cases complete in all respects. If necessary, he shall take the file to his new station and finish the judgment there to be pronounced by his successor. It was stated that when Sri R.C. Misra was still at the station, he could comply with Rule 94 and the matter should have gone to him only for the Judgment. The General Rules (Civil) apply to civil courts only and the notifica tion makes it clear that Sri R.C. Misra was no more a civil court as he has been trans ferred as the IIIrd Addl. CJM, Meerut. Under the definition given in this General Rules, A Civil Judge includes an Addl. Civil Judge and a judicial officer means a presid ing officer of a civil court. No rule has been brought to my notice to indicate that an ACJM could ever be regarded as a civil court. Rule 94, as quoted above, uses the term "ordinarily". This suggests when a Civil Judge remains a Civil Judge but is transferred the rule may apply, but the rule may not be extended to include a case where a judge before pronouncement of a judgment m a case is transferred to a criminal court.
(3.) MOREOVER, the successor to Sri R.C. Misra has already joined and he is aware of the directions of the High Court that the matter was to be expedited. There is no reason why the judgment is to be insisted from Sri R.C. Misra only and why his succes sor may not be asked to record a judgment on the evidence recorded by Sri R.C. Misra. The present transfer application, therefore, deserves dismissal. In the circumstances, the present application stands dismissed. The learned IInd Addl. Civil Judge, Sr. Division, is directed to dispose of the matter at its ear liest, of course, after hearing the parties afresh. Petition dismissed.;