Ram Baran Dube and Others vs Ram Karan Singh and Others

Kendall, J.—A suit was instituted in the Court of the Munsif of Ghazipur and transferred by the District Judge to the Munsif of Saidpur, who disposed of it. On appeal the learned Subordinate Judge set aside the proceedings on the ground that the Munsif of Saidpur had no territorial jurisdiction to try the case. He was relying on a decision of this Court which has now been dissented from, and the present application is against his order. It has now been held by a Bench of this Court in the case of Kishore Lal Vs. Balkishan, In this case it was held by Sulainan C.J. and Kendall J., that it is open to the High Court or a District Judge to transfer a case pending in a subordinate court to another Court which has pecuniary jurisdiction to try the suit although it may not at the mordent presses territorial jurisdiction to try it-Ed, that in such a case the Court to which the suit is transferred is. vested with territorial jurisdiction by the order of transfer. The result therefore was in this case that the Munsif of Saidpur had jurisdiction. I therefore allow the appeal and set aside the order of the lower appellate Court.