Kuppan vs S.A. Kuppammal

Pratap Singh, J.—These petitions are filed u/s 24 of the CPC praying for withdrawal and transfer of A.S.S.R. Nos. 16110 and 16111 of

1993 respectively from the file of the Principal City Civil Court, Madras to the appellate side of the High Court in deciding the maintainability of the

said appeal. Learned Counsel for the petitioner was heard with regard to the maintainability of these two petitions. He would submit that before the

appeal is taken on file by the Presiding Officer of a court, it is to be construed as a ""proceeding"" and as such it will come within the purview of

Section 24 of the CPC and so these petitions are maintainable.

I have carefully considered the submissions made by learned Counsel for the petitioner. The term ''proceeding'' has not been defined in this

section or in Section 2 of the Civil Procedure Code. But Section 24(3)(b) of the CPC reads as follows:

''proceeding'' includes a proceeding for execution of a decree or order.

That would give an indication as to what the meaning of ''proceeding'' is. It is apparent that for the purpose of Section 24 of the Civil Procedure

Code, ''proceeding'' is one which was already taken on file and pending before a court for trial or disposal. I am fortified in coming to this

conclusion from the language of Section 24 of the Civil Procedure Code, itself. For the purpose of convenience it needs extraction and it reads as

follows:

General power of transfer and withdrawal:-(1) On the application of any of the parties and after notice to the parties and after hearing such of them

as desired to be heard, or of its own motion without such notice, the High Court or the District Court may, at any stage-

(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any court subordinate to it and competent to try or

dispose of the same, or

(b) withdraw any suit, appeal or other Proceeding pending in any court subordinate to it, and

(i) try or dispose of the same; or

(ii) transfer the same for trial or disposal to any court subordinate to it and competent to try or dispose of the same;

[emphasis supplied]

Trial or disposal of a suit, appeal or a ""proceeding"" would pre-suppose that the suit appeal or proceeding"" was already taken on file. Taking this

view of the matter, I am clear that petition u/s 24 of the CPC would not be maintainable with regard to matters, before tiny were taken on file.

The word ''proceeding'' is capable of being given a wider connotation as will as a limited connotation. In its wider connotation a ''proceeding''

will include a matter, the moment it is presented in court upto the time of its final disposal. In its limited connotation, it would mean the time when

the matter is taken on file upto the time of its disposal. When the language of Section 24 of the CPC and the inclusive definition given in it, is

considered it is my definite opinion, that the word ''proceeding'' in Section 24 of the CPC is to be construed only in its limited connotation. Hence,

both these petitions are not maintainable and shall stand rejected. The lower court shall consider A.S.S.R. Nos. 16110 and 16111 of 1993 and if

they are in order, shall take them on file and if not in order, shall pass appropriate orders.