JUDGMENT D.K. Seth, J.
1. This is an application for transfer of Original Suit No. 831 of 1990, Param Deen v. Chandrika and Original Suit No. 1319 of 1990. Chandrika v. Parom Deen and others, which were pending at Gorakhpur.
2. The place of residence of both the parties, viz, the plaintiff and defendants were then Situated within the jurisdiction of Gorakhpur Judgeship. Subsequently, a new district Maharajganj has been carved out of Gorakhpur. Accordingly, a new Judgeship has been created in the district Maharajganj.
3. By an order dated 24,3.1995, this Court was pleased to seek clarification from the office of this Court as to whether there has been any order of transfer of pending cases relating to the newly created district Maharajganj jurisdiction pending before the Gorakhpur Judgeship.
4. The office has put up a note which is on record. It appears that there was no general direction for transfer, on the other hand, the Administrative Committee in its meeting dated 23.5.1990 had held that cases pending in the courts mentioned therein arising from territories which are now comprised in the new district shall not be transferred to the newly created district but shall remain with the present Judgeship. However, the said resolution did not include Gorakhpur Judgeship. But no other resolution appears to have been taken by the Administrative Committee as it appears from the note given. By note dated 13.4.1995, learned Registrar has pointed out that no such direction is available on record. The resolution dated 23.5.1990 of the Administrative Committee reads as follows:
"6. Following the practice of this Court in such matters, it is resolved that the cases pending in the courts at Saharanpur, Muzaffarnagar, Mirzapur, Bijnor, Azamgarh, Agra. Mainpuri arising from territories which are now comprised in the new districts shall not be transferred to the newly created districts but shall remain with the parent Judgeships."
5. The said resolution proceeds with the expression "following the practice of this Court". This presupposes that even if a new district is created, pending cases relating to the territories carved out from the old district to form new district were to remain with the district Judgeship of the old district despite such creation of new district. Therefore, these cases were not transferred as a matter of course ordinarily. The above situation, therefore, necessitates making of an application under Section 24 of the Code of Civil Procedure for seeking transfer. If adequate cause or grounds are made out, in that event such cases can be transferred under Section 24 of the Code.
6. Admittedly, a new district Maharajganj has been created comprising of the areas mentioned in the order of creation of such district including territories to which the property involved in the present cases are situated as well as the place of residence of both the plaintiff and defendants. Admittedly, both the applicant and opposite party are residents of village Mundera Kalan, Tappa Katchara. Pargana Haveli, Tehsil Sadar, district Maharajganj. It is stated in paragraph 6 of the affidavit filed in support of the transfer application that said Tehsil Sadar is within the Jurisdiction of civil court at Maharajganj after creation of Civil court at Maharajganj. It is also contended that Gorakhpur is situated at 60 Kms. away from the place of residence of the plaintiff and defendants which is causing great inconvenience to the applicant. Since new district has been created at Maharajganj and the court of Munsif at Maharajganj has jurisdiction over the suits and the parties are residents of Tehsil Sadar, district Maharajganj, in the interest of justice, the cases are required to be transferred to Maharajganj. Normally such application under Section 24 of the Code should be entertained only after notices are given to opposite parry but in the present case both the applicant and the opposite party being residents of Tehsil Sadar, district Maharajganj, and a new district has been created, therefore, such application can be entertained even without notices to the opposite party. In the facts and circumstances of the case, service of notice upon opposite party is dispensed with.
7. The Original Suit No. 831 of 1990, Param Deen v. Chandrika and Original Suit No. 1319 of 1990, Chandrika v. Param Deen and others, pending before the court of Munsif Sadar, Gorakhpur be transferred to the civil court at Maharajganj within a period of four weeks from the date a certified copy of this order is produced upon the learned District Judge at Gorakhpur. Let a copy of this order be sent to both learned District Judges at Gorakhpur and Maharajganj, respectively by the office. As soon as records are received by the District Judge, Maharajganj from Gorakhpur, he may transfer to the court of Civil Judge or any other court of Maharajganj as he may nominate for trial. The court to which the cases would be transferred, shall ultimately issue notices to the parties within four weeks from the date of receipt of records intimating such transfer fixing a date for appearance.
8. Learned counsel for the applicant shall also serve the opposite party through registered post with Ack. Due within a period of four weeks from date. It will also open to the applicant to produce a certified copy of this order either of the courts at Gorakhpur and Maharajganj together with proper application, if it is advisable, and the learned courts below shall act upon on the basis of such certified copy.
9. The application is thus allowed.
10. There will, however, no order as to cost.