Asharfa Kuer, Musammat vs Ram Lochan Rai

Kendall, J.—This is an appeal from an appellate order of the Subordinate Judge of Ghazipur, setting aside the decree of the trial court on the ground that that court had no jurisdiction to deal with the suit. The facts which are very simple are given in the order of the lower appellate court. The learned Subordinate Judge relied on a decision of this Court in the case of Ram Das v. Habib Ullah (1931) 1931 A.L.J 1061 : 136 Ind. Cas. 384, but that decision has since bee 1 differed from in the case of Kishore Lal Vs. Balkishan, , in which it has been held that the District Judge acting u/s 24. CPC has power to transfer a suit pending in ore subordinate court to another subordinate court which has pecuniary but no territorial jurisdiction to try that suit. Practically the order of transfer vests the Court to which the suit is transferred with territorial jurisdiction. The result is that the appeal is allowed with costs, the order of the lower appellate court is set aside and the decree and order of the Munsif are restored.