Sadhu Singh vs Balwant Raj and Gram Panchayat of Village Barri Bassi

A.L. Bahri, J.—Civil Suit Sadhu Singh v. Balwant Raj and Gram Panchayat was filed in the court of Senior Sub Judge, Ambala City. The question of granting ad-interim injunction was under consideration when transfer application was moved in the court of District Judge. Order of transfer of this suit was passed. The suit was ordered to be transferred to the Court of Shri S.S. Lamba, Additional Senior Sub Judge Ambala City. Inspite of the order of transfer having come to the notice of the Senior Sub Judge on 22nd August, 1986 he vacated the stay order granted in favour of the plaintiff on 5th July, 1986 and directed that the case be put up in the Court of Shri S.S. Lamba, Additional Senior Sub Judge, Ambala and the parties were directed to appear there on 29th August, 1986. This order was challenged in appeal. The Additional District Judge dismissed the appeal on 24th July, 1987 inter alia holding that the Senior Sub Judge had no jurisdiction to pass the order after the suit had been ordered to be transferred from his Court. However, he observed that on merits no illegality was found in that order and there was no irregularity in the order of the lower Court.

Shri Jang Bahadur, Advocate appearing on behalf of the petitioner has argued that the order of the trial Court was without jurisdiction after the suit was ordered to be transferred from that Court and the lower appellate Court ought to have remanded the case to the lower court for deciding the case afresh. I find force in this contention. The Senior Sub Judge should not have announced the order on the miscellaneous application after coming to know of the order transferring the case from his Court. Either the Additional District Judge ought to have decided the case on merits himself or remanded the case to the trial Court for fresh decision. In the present case, I consider it fit to remand the case to the trial Court for deciding the miscellaneous application afresh. This revision petition is allowed and the order of the lower appellate Court is modified. The trial Court will decide the question of stay afresh. The parties through counsel are directed to appear in the trial Court on 16th August, 1988. There will be no order as to costs as nobody has appeared for the respondents.