The defendant of a Money Suit has filed this application under section 23 (3) read with section 151 of the Code of Civil Procedure for transferring a Money Suit pending in the Court of the Subordinate Judge, 2nd Court, at Dhanbad, to the original side of the Calcutta High Court on various grounds enumerated in the petition, which are not necessary to be stated for the reason that this application must be dismissed on a pure question of law.

2. Section 23 (3) of the Code authorises a High Court to transfer a suit only to a Court subordinate to another High Court and not to High Court itself. The petitioner has precisely prayed for transferring the suit to the original side of the Calcutta High Court itself and not to any subordinate court thereto.

3. We are afraid, no such order can be passed by this Court under section 23 (3) much less under 151 of the Code. In our view the proper procedure for such an application is now laid down under section 25 of the Code after its amendment by the 1976 Act. This application, therefore, being entirely frivolous and mis-conceived, must be dismissed. It is accordingly dismissed with cost.

Application dismissed.