The High Court cannot transfer a suit from one Court to another for analogous hearing, ignoring the mandatory provision of Sec. 10 of the Code of Civil Procedure.

1. This application at the instance of defendants-petitioners has been filed for review of the judgment and order dated 28-6-95 by which this Court disposed of the Civil revision No. 350/91 with a direction that Title suit No. 8/78 shall be transferred from the Court of Deoghar to a Court at Patna for analogous hearing with a Money Suit No. 226/78.

2. It appears that the petitioners filed Title Suit No. 8/78 in the Court of Sub-Judge, Deoghar for declaration that the defendants have wilfully violated the terms of the agreement and is not entitled to any forfeiture clause of the agreement and a relief for damages was also claimed in the suit. The dispute arose out of an agreement executed by and between the parties with regard to sell and purchase of Sal Seeds. Subsequent thereto the plaintiff, who is opposite party here, filed Money Suit No. 226/78 in the Court of Sub-Judge, Patna for recovery of loss and damages because of the alleged breach of the agreement. The defendants petitioners of Money Suit No. 226/78 filed an application for the stay of the further proceeding of the aforesaid suit till the disposal of Title Suit No. 8/78 under S. 10 of the Code of Civil Procedure (hereinafter referred to as the Code). The Court below in terms of the order dated 30-11-90 stayed the trial of Money Suit No. 226/78 till the disposal of title Suit No. 8/78. Being aggrieved by the said order the defendant opposite party moved this Court by filing Civil Revision No. 350/91 and challenged the order on the ground inter alia that the cause of action, the subject matter and the relief claimed in both the suits are different and the Court below wrongly exercised its jurisdiction and stayed the trial of Money Suit No. 226/78. Civil Revisoin was disposed of by Judgment dated 28-6-95 which is the subject-matter of this review petition. The learned Judge held in the operative portion of the order as under :-

"In the interest of early disposal of both the cases and to avoid the chance of conflicting judgments in the two cases, this Court orders that title suit No. 8/78 filed in the Court of Subordinate Judge, Deoghar by the Bihar Solvent Extraction Company against the Bihar Forest Development Corporation Ltd. and others now stands transferred to the Court of Subordinate Judge, Patna where Money suit No. 226/78 filed by the Bihar Forest Development Corporation Ltd. against the Bihar Solvent Extraction Company and others is being heard, and the Subordinate Judge Patna shall be hearing the two suits consolidating them together and award the judgment on all the issues raised in both the suits by the parties."

3. Mr. D. N. Sinha, learned counsel appearing for the petitioners submitted that there is error apparent on the face of the record inasmuch as the revision appliction was filed against the order by which the trial of one suit was stayed and the question of transfer of suit from one place to another or analogous hearing of the two suits was not the subject-matter of civil revision application. Learned counsel submitted that while hearing the civil revision application the Hon ble Judge ought to have confined himself to the extent of validity of the order and ought not to have directed for transfer of Title suit No. 8/78 from Deoghar to Patna. Lastly learned counsel submitted that the learned Judge either would have allowed or dismissed the civil revision application but in no case one suit should have been transferred from Deoghar to Patna.

4. I have gone through the impugned order under review passed by the learned Judge and considered the operative portion of the judgment. It appears that although transfer of one suit from one Court to another or analogous hearing of both the suits were not the subject-matter of Civil Revision but the Hon ble Judge took the view that in the interest of justice and for expeditious disposal of the suits directed the suit being Title suit No. 8/78 to be transferred from Deoghar to Patna and for analogous hear