JUDGMENT :

DIPANKAR DATTA, J.

1. Leave granted.

THE ISSUE

2. An issue, pristinely legal and novel, emerges for decision. It is novel in the sense that although three different High Courts of the country have taken views which are entirely consistent, except the view taken in the judgment and order under challenge of the Gauhati High Court which impliedly stands overruled by a larger Bench of the same High Court, this Court hitherto might not have had the occasion to deal with such an issue and decide either way.

3. Shortly put, the issue is:

Is the Supreme Court the sole repository of power in terms of section 25 of the Code of Civil Procedure (for brevity ‘the CPC’) to direct transfer of a suit, appeal or other proceeding from a Civil Court in one State to a Civil Court in another State? Or, is it open for a High Court, if it is the common High Court for two or more States, to entertain an application for transfer under section 24 of the CPC and transfer a suit, appeal or other proceeding from a Civil Court to another Civil Court, both of which are subordinate to such High Court but situate in different States in relation to which it exercises jurisdiction, for consideration and decisi