B.P.JHA, J.

1. The defendant-appellant preferred the appeal under Order XLIII, Rule 1 (d) of the Code of Civil Procedure.

2. The relevant facts are these:-

The plaintiff-respondents filed Title Suit No. 127 of 1972 before the Subordinate Judge, Monghyr. On 10th January, 1974, the defendant-appellant entered appearance in the suit before the trial Court and he applied for time to file his written statement. The trial Court allowed time to the defendant to file written statement till 11.02.1974. Before 11.02.1974 the District Judge, Monghyr transferred the suit by an order dated 26-1-1974 to the Subordinate Judge, Jamui.

3. The short point involved in this case is: whether the transferor Court was required to serve notices on the party about the transfer of the case in the facts and circumstances of the case.

4. In my opinion, the answer is in the affirmative. In every case of transfer the transferor Court is duty bound to send a separate notice to each party in respect of the transfer of the case. The transferor Court is required to send the notices for the simple reason that the party has to appoint a new lawyer in the transferee Court. It is for this reason it is incumbent