High CourtsSingle Bench

Mursaleem vs Yogendra Sharma and Others

Allahabad High Court · Decided on 5 September 2012 · Citation: (2012) 8 ADJ 690

HON’BLE JUDGES
Pankaj Mithal, J
ACTS & SECTIONS REFERRED
Civil Procedure Code, 1908 (CPC) — Section 24
RESULT
Dismissed
CASE NUMBER
Transfer Application (Civil) No. 289 of 2012
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Judgment

5 paragraphs · 127 words

Hon''ble Pankaj Mithal, J.—Heard learned counsel for the applicant.

The applicant is seeking transfer of Election Petition filed u/s 12-C of the U.P. Panchayat Raj Act, 1947 pending before the Sub-Divisional Magistrate, Dadri, Gautam Budh Nagar to some other Competent Court.

Section 24 CPC provides for general power of the High Court or the District Court as the case may be to transfer and withdraw suits, appeal or other proceedings from one Court to another Court subordinate to it.

2.

The Sub-Divisional Magistrate is not a Court or authority sub-ordinate to the High Court and therefore in my opinion Section 24 CPC would not be attracted so as to transfer the proceedings before him to another Court or authority.

The application is completely misconceived and is dismissed.