( 1 ) BY means of this application under Section 24 of the Code of Civil Procedure, the applicant smt. Jyotsna Dixit, the wife, defendant in the Matrimonial suit, being Original Suit No. 115 of 1993, pending before the Court of Civil Judge, Khiri, had applied for transfer of the proceeding to the Court of Civil Judge, Varanasi. Admittedly both the Courts at Khiri and Varanasi have territorial jurisdiction and competent to try the suit. The opposite party No. 3 Sri Asitosh Dixit, husband of the plaintiff in the said suit represented by Sri R. K. Awasthi, opposes the said prayer on two fold grounds. His first contention was that the High Court of Judicature at Allahabad has no jurisdiction to entertain the application under Section 24 of the Code, since Khiri is within the jurisdiction of Lucknow Bench of this Court, in view of decision in Was Naseeruddins case. His second contention was that the defendant having last resided together at Khiri and the suit having been instituted at Khirt, the same cannot be transferred only because of the inconvenience of the applicant.

( 2 ) SRI D. K. Singh, learned counsel appearing on behalf of the applicant on the other hand oppose