J.C. Gupta, J. - (1.) This application for transfer of Rent Control Appeal No. 9 of 1997 has been moved under Section 24 of the Code of Civil Procedure. The said Rent Control Appeal is pending before the District Judge. Almora. The appeal arises out of proceedings initiated by respondent Nos. 2 and 3 against the petitioner under Section 21 (1) (a) of U. P. Act No. XIII of 1972. The release application was allowed by the Prescribed Authority and against that judgment the petitioner has preferred an appeal under Section 22 of the Act.
(2.) The first question which requires consideration is whether the present transfer application is maintainable under Section 24 of the Code of Civil Procedure? It is well-settled law that entire provisions of the C.P.C. have not been made applicable to the proceedings under the Act, either original or appeal or revision. Section 34 of the Act specifically provides that the District Magistrate, the Prescribed Authority or any (appellate or Revising Authority) shall for the purposes of holding any Inquiry or hearing (any appeal or revision) under this Act have the same powers as are vested in the civil court under the Code of Civil Procedure when trying a suit, in respect of the following matters namely. (a) summoning and enforcing the attendance of any person and examining him on oath ; (b) receiving evidence on affidavits ; (c) inspecting a building or its locality, or issuing commission for the examination of witnesses or documents or local investigation : (d) requiring the discovery and production of documents ; (e) awarding, subject to any rules made in that behalf, costs or special costs to any parts or requiring security for costs from any party ; (f) recording a lawful agreement, compromise or satisfaction and making an order in accordance therewith ; (g) any other matter which may be prescribed.
(3.) Transfer of a case or of appeal is not Included in the aforesaid Clauses (a) to (g). Rule 22 which has been framed by virtue of the powers conferred under Section 34 (1) (g) of the Act further provides that the aforesaid authorities shall have the same powers as are vested in the civil court under the Code of Civil Procedure, when trying a suit, in respect of the following matters, namely : (a) the power to dismiss an application, appeal or revision for default and to restore it for sufficient cause. (b) the power to proceed ex parts and to set aside, for sufficient cause, an order passed ex parte ; (c) the power to award costs and special costs to any successful party against an unsuccessful party ; (d) the power to allow amendment of an application, memorandum of appeal or revision ; (e) the power to consolidate two or more cases of eviction by the same landlord against different tenants ; (j) the power referred to in Sections 151 and 152 of the Code of Civil Procedure. 1908 to make any order for the ends of justice or to prevent the abuse of the process of the authority concerned.;