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Ishwar Chand vs State Of U P Through Collector And Others

High Court Of Judicature at Allahabad|30 July, 2018
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JUDGMENT / ORDER

Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 355 of 2018 Applicant :- Ishwar Chand Opposite Party :- State Of U.P.Through Collector And 4 Others Counsel for Applicant :- Birendra Singh,A.K.S.Parihar
Hon'ble Anjani Kumar Mishra,J.
Heard counsel for the applicant.
By means of this transfer application under Section 24 CPC, a revision under Section 48 of the U.P. Consolidation of Holdings Act is sought to be transferred.
The proceedings, which transfer whereof is sought by means of this transfer application are proceedings under the U.P. Consolidation of Holdings Act. The Consolidation of Holdings Act is a complete code in itself and the Rules framed thereunder, contain a provision for transfer of cases between Courts.
Besides a consolidation court is not a court subordinate to the High Court, within the meaning of the term used in Section 24 CPC.
Under the circumstances, Section 24 CPC, cannot be invoked for transfer of the case pending before a consolidation court.
The transfer application is, therefore, not maintainable and is dismissed as such.
Order Date :- 30.7.2018 Mayank Digitally signed by ANJANI KUMAR MISHRA Date: 2018.07.30 15:33:40 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
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Title

Ishwar Chand vs State Of U P Through Collector And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
30 July, 2018
Judges
  • Anjani Kumar Mishra
Advocates
  • Birendra Singh A K S Parihar