Tyabji, J.

1. This application has been referred to us by Mr. Justice Sankaran Nair sitting in Chambers on the Original Side of the High Court under Rule 177 of Order XV of the Rules of the High Court of Madras. We are therefore sitting as the High Court in its Original Civil Jurisdiction and not in the exercise of the appellate Jurisdiction in appeal from decisions in the exercise of its Original Jurisdiction.

2. The application is that all further proceedings in this suit which has been instituted on the Original Side of this High Court be " indefinitely stayed under Sections 22, 23, 24 and 151 of Act V of 1908". The suit is instituted by a limited liability Company for recovering damages for defamation from the editor, printer and publisher of a newspaper in Lahore.

3. Section 22 of the Civil Procedure Code refers to cases where a suit may be instituted in any one of two or more courts, and is instituted in one of such courts. In such cases an application may be made by any defendant for transfer of the suit to another Court. Section 22 does not provide to which Court the application for transfer has to be made. That matter is provided for in Section 23. The sub-section of Sec