Excelsior Correspondent
JAMMU, Mar 12: Chief Justice of J&K High Court, Justice N Paul Vasanthakumar has held that Additional District Judge has no power to transfer the case.
The observation was made in the Civil Revision Petition filed against the order passed by the Additional District Judge Ramban dated 15.12.2003 whereby suit filed by the plaintiff for permanent injunction was transferred before the Court of Munsiff Banihal.
“The High Court or the District Court alone is empowered to transfer a case from one court to another in their respective jurisdiction that too after filing an application by a party to the suit, after notice to the opposite parties and after extending hearing to the parties and sometimes on its own motion”, Chief Justice said.
“Sub Section 3 of Section 24 CPC itself specifically mentions that the court 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 District Court having regard to more number of pendency”, Chief Justice said, adding “the Additional District Judge is expected to hear cases which are assigned by the Principal District Judge. The Additional District Judge is under the administrative control of the Principal District judge. Thus the word used in Section 24 CPC “District Court” does not include Additional District Judge”.
The issue arose in the case was as to whether the Additional District Judge was competent to hear appeal under Section 12 of the (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 the 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.
As per Section 16(2), Additional District Judge so appointed can discharge any of the function of the District Judge as may be assigned. Section 24 of the 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 powers by the District Judge is impermissible.
“Hence, the Additional District Judge Ramban is not empowered to entertain the application and pass the order transferring the suit from the Court of Munsiff Banihal to the Court of Munsiff Ramban. 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”, Chief Justice said, adding “in the absence of such pleadings in the transfer application, the power exercised by the Additional District Judge under Section 24 of the CPC is not sustainable”.
“Thus order was passed without getting objections or hearing the petitioners and the same is in violation of Section 24(1) of the Code of Civil Procedure. On both the grounds the order of transfer of the case from the court of Munsiff Banihal to the court of Munsiff at Ramban passed by the Additional District Judge Ramban is liable to be set aside”, Chief Justice said.
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