1. - Heard learned counsel for the parties.

2. The petitioner has moved this transfer petition for transfer of Civil Original Suit No. 2/2004 - Mahesh Chand v. Municipal Board, Banswara pending in the Court of Additional District Judge (Fast Track) No. 3, Banswara to the Court of Civil Judge (Junior Division), Banswara. This transfer petition requires serious consideration because of the peculiar facts of this case.

3. Brief facts of the case are that the petitioner-plaintiff filed a Civil Original Suit No. 71/2002 for injunction in the Court of Civil Judge (Junior Division), Banswara on 3.7.2002. The Municipal Board, Banswara, who was sole defendant in the suit submitted written statement on 17.7.2002. The defendant No. 2 who was subsequently added as a party in the suit, filed the written statement on 15.11.2002. The issues were framed by the Court on 10.1.2003. The plaintiff's evidence was closed on 2.5.2003 and the case was fixed for the defendant's evidence. After two adjournments, the defendant examined one witness on 19.8.2003. The defendant did not produce any evidence and sought time and lastly on 3.9.2003 time was granted by the trial Court to the defendant on payment of cost of Rs. 50/-. Ultimately, on 11.9.2003, the defendant's evidence was closed. The case was fixed for final argument on 27.9.2003. The defendant moved an application on 10.10.2003 and prayed that the proceedings in the Civil Original Suit be stayed as defendant is proposing to challenge the order of the trial Court dated 11.9.2003 by which the defendant's evidence was closed by the trial Court by filing a revision petition before the High Court. The said application was dismissed by the trial Court vide order dated 20.10.2003. The plaintiff filed an application under Order 14, Rule 5 CPC, but ultimately that was not pressed.

4. After all these proceedings, at the time when the case was fixed for final arguments, the defendant-Municipal Board submitted an application under Order 8, Rule 6A CPC with counter-claim and court-fees of Rs. 10,600/ as valuation of the counter-claim is Rs. 2,11,000/-.

5. At this juncture it would be relevant to mention here that the plaintiffs suit is for mere injunction and the valuation of the plaintiffs suit for injunction is Rs. 400/- only and the plaintiff paid court-fees of Rs. 30/- only. The suit was in the Court of Civil Judge (Junior Division), Banswara which had jurisdiction to entertain the suit upto the valuation of Rs. 25,000/-.

6. It appears that one another application under Order 7, Rule 10 CPC was also filed by the defendant-Municipal Board, Banswara. Both the applications; one application under Order 8, Rule 6A CPC and another application under Order 7, Rule 10 CPC were decided by the trial Court vide order dated 24.11.2003. A copy of the order dated 24.11.2003 is placed on record by the petitioner as Annexure-2. The trial Court vide order dated 24.11.2003 allowed the applications field under Order 8, Rule 6A CPC and under Order 7, Rule 10 CPC and in this way, the counter- claim filed by the defendant was taken on record and by the same order, it was returned to the defendant for presentation in the Court of District Judge, Banswara as the trial Court had no pecuniary jurisdiction to hear and decide the counter-claim.

7. Since after the order dated 24.11.2003 the plaintiffs suit remained in the Court of Civil Judge (Junior Division) whereas the counter-claim was returned for presentation in the District Court, therefore, the defendant moved an application before the District Judge, Banswara and sought transfer of the plaintiff's Civil Original Suit No. 71/2002 from the Court of Civil Judge (Junior Division), Banswara to the Court of District Judge, Banswara where the defendant's counter-claim was presented by the defendant.

8. The defendant's application u/s. 24 seeking transfer of the plaintiffs Civil Original Suit No. 71/2002 was allowed by the District Judge, Banswara vide order dated 27.1.2004 and