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| Addl Distt Judge has no powers to transfer case: CJ | | |
Early Times Report
Jammu, Mar 12: J&K high court chief justice N Paul Vasanthakumar today ruled that an additional district judge had no powers to transfer a case. The court directive came in a revision petition filed against the December 15, 2003 order of the additional district judge, Ramban, transferring the suit filed by plaintiff for permanent injunction before the court of Munsiff, Banihal. The chief justice said high court or district court alone was empowered to transfer a case from one court to another in their respective jurisdiction and that too after filing of an application by a party to the suit, issuance of notice to the opposite parties and extending hearing to the parties and sometimes on its own motion. "Sub-section 3 of section 24 of CPC itself specifically mentions that the courts of additional and assistant judges shall be deemed to be subordinate to the district court. The additional district judge court is created to dispose of cases pending in the district court having regard to more number of pendency. The additional district judge is expected to hear cases which are assigned by the principal district judge and he is under the latter's administrative control. Thus the word used in section 24 CPC, district court does not include additional district judge," he added. The issue was that if the additional district judge was competent to hear appeal under section 12 of Public Premises Eviction of Unauthorized Occupants Act, 1988, if he was assigned to hear the appeal by the district judge. Section 16 of the J&K Civil Courts Act empowers government to appoint a district judge in civil district and section 16 contemplates appointment of one or more district judges whenever business pending before any district judge requires aid by additional district judge and as per section 16(2), the additional district judge so appointed can discharge any of the functions of the district judge as may be assigned. Section 24 of Code of Civil Procedure, which is in peri materia with the central code, having specifically excluded the additional and assistant judges by treating them as subordinate to the district court, even the assignment of the said powers by the district judge is impermissible. Hence the additional district judge, Ramban, was not empowered to entertain the application and pass order transferring the suit from the court of munsiff, Banihal, to the court of munsiff, Ramban, the court said.
It is also not the case of the respondent in the revision petition that the additional district judge, Ramban, was put in-charge of the district court when the application was filed and order was passed. In the absence of such pleadings in the transfer application, the power exercised by the additional district judge under section 24 of CPC was not sustainable, the court ordered.
The court observed that the order was passed without getting objections or hearing the petitioners which was in violation of section 24(1) of Code of Civil Procedure. Hence, the order of additional district judge, Ramban, was set aside, the court ordered. --(JNF) |
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