Where a suit is transferred from a Civil Judge (Junior Division) to a Civil Judge (Senior Division) under Rule 189 of the Civil Manual, the transferee Court must retry the suit as if it was a new suit instituted before it by the filing of the plaint.

JUDGMENT - M.S. DESHPANDE, J.:---This revision application by the original defendant is directed against the order passed by the Joint Civil Judge (Senior Division), Nagpur, rejecting his application to treat Special Civil Suit No. 286 of 1984 as a fresh suit by following the procedure laid down by the Code of Civil Procedure.

2. The opponent brought Civil Suit No. 1084 of 1980 for possession, arrears of licence fees and damages. The claim was valued at Rs. 6000/-. The applicant by his written-statement, raised an objection that the claim had been under valued. The suit was assigned to the 15th Joint Civil Judge (Junior Division), Nagpur. While the evidence was being recorded, it came to light that the premises were worth Rs. 40,000/- and as the valuation exceeded the pecuniary jurisdiction of the Civil Judge (Junior Division), the Civil Judge passed an order on 2-3-1984 to the effect that as the valuation of the subject matter exceeded his pecuniary jurisdiction, the plaint be returned to the plaintiff for presentation to proper Court. The opponent-plaintiff thereupon filed an application for review and relying on Rule 189 of the Civil Manual, the Civil Judge made a reference to the District Judge. The learned District Judge made an order directing the suit to be sent to the Civil Judge (Senior Division), Nagpur, in pursuance of Rule 189. The suit then came to be numbered as Special Civil Suit No. 286 of 1984 and a fresh summons was issued to the applicant. The applicant then made an application to the Joint Civil Judge (Senior Division) on 5-12-1888, stating that he had not been given a chance to file a written statement in the suit and what was on record was the written-statement filed in Original Civil Suit No. 1084, 1980 and that the suit should be treated as a new suit and it should be proceeded with as such. As this application was rejected, the defendant has filed this revision application questioning the order passed by the learned Joint Civil Judge (Senior Division), Nagpur.

3. Rule 189 of the Civil Manual, Volume-I, issued by this Court for the guidance of the Civil Courts is as follows :---

"189. When a suit assigned for disposal by a Civil Judge of the Senior Division to his Joint Civil Judge of the Junior Division is found by the latter to be beyond his pecuniary jurisdiction , he should request his District Judge to transfer the suit administratively to the Civil Judge of the Senior Division, and not return the plaint to the plaintiff being judicially presented to the proper Court or return it to the Civil Judge of the Senior Division."

4. According to Shri Gaikwad, the learned Counsel for the applicant, the provisions of Rule 189 are independent and section 24 of the Code of Civil Procedure, 1908 would have no application to it and it would, therefore, follow that sub-section (2) of that section, which gives a choice to the transferee Court with regard to the procedure, would not be available in the present case. Sub-section (1) of section 24 opens with the words "On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage", and then provides for the transfer of any suit or withdrawal of any suit pending in any Court subordinate to it and to transfer it for trial to any Court subordinate to it. Sub-section (2) provides that where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which is thereafter to try or dispose of such suit or proceeding may, subject to any special directions in the case of an order of transfer, either re-try it or proceed from the point at which it was transferred or withdrawn. It is apparent that section 24 merely provides for a transfer, and the power exercised either by the High Court or the District Court would not enlarge the powers of the transferee Court and they would be subject to

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