High CourtsDivision Bench(1917) 02 MAD CK 0028

In Re: Bagiammal and Another

Madras High Court · Decided on 7 February 1917 · Citation: AIR 1918 Mad 488 : (1917) 32 MLJ 258

HON’BLE JUDGES
John Wallis, J

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Judgment

3 paragraphs · 98 words

John Wallis, Kt., C.J.—Section 24 of the CPC only authorises transfer to a Court competent to try the case. The City Civil Court is not such a court Section 3 of the City Civil Court Act C.M.P. No. 334 of 1917 and I do not think Section 24(4) of the CPC makes it so.

2.

It can only become so by the Chief Justice of the High Court authorising the City Civil Judge to try the case in his capacity of Small Cause Court Judge u/s 5(2) of the City Civil Court Act.

3.

I so direct him.