The court held the transfer application not maintainable. It exercised inherent powers to convert the application into a civil revision under Section 115 CPC, allowing the parties to change the case caption within two weeks.
Permission granted to convert transfer application into a civil revision under Section 115 CPC.
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Court No. - 36
Case :- TRANSFER APPLICATION (CIVIL) No. - 267 of 2024
Applicant :- Mukesh Pal Singh Opposite Party :- Shri Nirmal Kumar Singh And Another Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- Sonu Kumar Tiwari
Hon'ble Kshitij Shailendra,J.
"1. Prima facie, this transfer application appears to be not maintainable in view of the Division Bench judgment of this Court in the case of Babu Singh and others Vs. Raj Bahadur Singh and others : 2022 (11) ADJ 178 (DB) (LB).
changes in the case caption within two weeks.
Order Date :- 14.11.2024 Sazia
Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad
1 issue framed by the court
Whether a transfer application can be converted into a civil revision under Section 115 CPC?
Colour shows how this judgement treated each authority
Babu Singh and others Vs. Raj Bahadur Singh and othersReferred¶7
Babu Singh and others Vs. Raj Bahadur Singh and others : 2022 (11) ADJ 178 (DB) (LB)
1 provisions across 1 enactments
Mukesh Pal Singh
Kshitij Shailendra
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
