- (1.) Vide impugned order dated April 23, 2011, learned District Judge, Hoshiarpur has, while dismissing the application under Section 24 of CPC for transfer of the objection petition from one Subordinate Court to another Subordinate Court has itself dismissed the objections while dismissing the application under Section 24 of CPC.
(2.) Learned counsel for the petitioner has submitted that the learned District Judge could have only dismissed the application for transfer in the exercise of powers under Section 24 CPC but could not have dismissed the objections on merits by taking into consideration the other circumstances.
(3.) Learned counsel for the decree-holder/ respondent has argued that a District Judge or High Court exercising powers under Section 24 of CPC can transfer and withdraw any proceedings from a Subordinate Court but at the same time, the District Judge or High Court has got a jurisdiction to try or dispose of the proceedings itself pending before any Subordinate Court. It has been argued that the impugned order dismissing the objection petition of the petitioner, vide order dated April 23, 2011, should be deemed to be an order passed under Section 24 (1) (b) (i) CPC. Section 24 CPC reads as follows:- "24. General power to 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 of any Court subordinate to it and competent to try or dispose of the same; or (iii) re-transfer the same for trial or disposal to the Court from which it was withdrawn. (2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which (is thereafter to try or dispose of such suit or proceeding) may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.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 purpose 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." ;