Josyula Venkateswaralu vs Kasturi Seshagiri Rao

Cornish, J.—In this matter the suit was filed in the Village Munsif''s Court on 30th October 1928. On 2nd November 1928 the defendant

who had filed no written statement applied to the District Munsif, u/s 21, Village Courts Act, to have the suit transferred to the District Munsif. On

7th November 1928, the District Munsif granted an interim stay of trial of the suit in the Village Munsif''s Court; but this order was not

communicated to the Village Munsif, till 20th November 1928. Meanwhile, on 8th November 1928, the Village Munsif heard the case, examined

the plaintiff and his witness and passed a decree ex parte, the defendant not appearing. Section 21 provides that the District Munsif may, on the

application of any of the parties, withdraw any suit and try the suit himself, as if it had been instituted in his own Court. But this provision

presupposes that the suit still remains to be tried. In the present case, the suit bad been decreed before the District Munsif''s order reached the

Village Munsif; and there was consequently no suit, which could be transferred for trial. With regard to Section 73 of the Act there is no suggestion

that the conduct of the Village Munsif calls the provisions of that section into operation. The District Munsif had accordingly no jurisdiction to set

aside the Village Munsif''s decree, The petition is allowed with costs throughout.