(Firm) Khuni Lal-Lachminarain vs (Firm) Narain Das-Gopal Das

This is an appeal from an order of a learned Judge of this Court transferring a suit from the Court of the Munsif of Bareilly to the Court of the Munsif of Agra, and directing it to be tried along with another case pending in that Court between the same parties. A preliminary objection is taken to the hearing of this appeal that no appeal lies. We are of the opinion that this objection must prevail. The order transferring the case was an order passed in the exercise of the discretion vested in the learned. Judge and cannot, be regarded as a judgment within the meaning of Clause 10, Letters Patent, as it did not amount to any decision as to the rights of the parties at all.

The appeal accordingly does not lie. We are further of opinion that the learned Judge had perfect, jurisdiction even independently of Section 24, Civil P.C., to transfer a suit from one Court to another Court u/s 107(b), Government of India Act. An order passed under that section has been expressly made non-appealable under Clause 10, Letters Patent, as now amended. The appeal is dismissed with costs.