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Civil Revision No. 438 of 1982, decided on 25th June, 1983.
--Ss. 22 & 24-Transfer of suit-Moving of an application-District Judge, go move from Additional Administrative Judge transferring case of petitioner to Court of Civil Judge, S-Contention that both Courts having jurisdiction only course for defendant was to move application under S. 22, C. P. C.-Held, District Judge under S. 24, C. P. C., is competent to transfer suit of its own and order passed by him needs no interference.
Syed Mazhar Hussain Bokhari for Appellant.
Syed Sardar Shah Bokhari for Respondents.
Malik Muza far Hussain for Respondents Nos. 18 to 69.
Nemo for others.
Date of hearing : 25th June, 1983.
The facts giving rise to this revision, in brief, are that a suit of declara tion filed by Khadim Hussain petitioner/plaintiff against Province of Punjab through District Collector, Multan and others, the respondents/defendants, was pending before Additional Administrative Civil Judge, Multan when he on 28th July, 1982 sent the file to the District Judge for its transfer to the Court of Civil Judge, Shujabad. It was stated by him that;
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This order was placed before the learned District Judge on 31st July, 1982, who, in the presence of the counsel for the petitioner transferred the case to the Court of Civil Judge, Shujabad on the same day. Hence this revision.
2. The learned counsel submits that Additional Administrative Civil Judge, Multan had also jurisdiction to entertain the suit, therefore, the only course open for the defendants/respondents was to move an application under section 22, C. P. C. because where there is a special provision for particular matter and there is also a general provision, the special provisions have to be followed.
As against this, the learned counsel for the respondents has supported the impugned order.
3. After hearing the learned counsel and going through the material available before me. I have not been able to persuade myself to agree with the learned counsel for the petitioner inasmuch as, to my mind, the learned District Judge has passed the impugned order under section 24, C. P. C. and that the respondents/defendants having moved no application for the transfer, section 22, C.P.C. was not applicable at all. Section 22 may be reproduced with advantage;
"Section 22. Where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant after notice to the other parties, may at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, apply to have the suit transferred to another Court, and the Court to which such application is made after considering the objections of the other parties (if any), shall determine in which of the several Courts having jurisdiction the suit shall proceed, "
The plain reading of this section indicates that in case the defendant desires transfer, he after notice to the other party, may at the earliest opportunity and in all cases where the issues are settled at or before such settlement, apply to have the suit transferred to another Court. But in the case in hand, the case has not been transferred at the instance or desire of the defendants/respondents. It was on the move made by the Additional Administrative Civil Judge that the learned District Judge has transferred the case under section 24 of C. P. C.
4. For what has been stated above, there being no merit, the revision is dismissed leaving the parties to bear their own costs.
M. Y. M. Revision dismissed.
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