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2018 Supreme(J&K) 743

ALOK ARADHE
AYASH AHMAD DAR – Appellant
Versus
ABDUL REHMAN NATH – Respondent


ORDER :

ALOK ARADHE, J.

1. This civil revision under section 115 of the Code of Civil Procedure has been filed against order dated 30.05.2018 by which the trial Court has dismissed the application preferred by the petitioner under section 24 of the Code of Civil Procedure for transfer of the civil suit.

2. The arguments with regard to maintainability of this revision against an order passed on an application under section 24 of the Code of Civil Procedure were heard.

3. Learned counsel for the petitioner while placing reliance on decision of Karnataka High Court in M. V. Ganesh Prasad v. Vasudevamurthy and others, AIR 2003 Karnataka 39 submitted that since the proceeding under section 24 of the Code of Civil Procedure is an independent proceeding, therefore, the bar contained in Proviso to section 115 of the Code of Civil Procedure does not apply and the instant revision is maintainable. Learned counsel for the petitioner also placed reliance on the decision of this Court in Mushtaq Ahmad Dar v. Mohd. Ishaq Zaroo, AIR 1999 J&K 125 as well as decision of Madhya Pradesh High Court in Rambharose Singh v. Hemlata, 1987 Supreme (MP) 564.

4. I have considered the submissions made by the learn












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