( 1 ) S. C. C. Suit No. 1 of 1998 was filed before the learned Civil Judge. Basti, who has Jurisdiction to try the Small Causes Court valued upto Rs. 25,000. Initially the said suit was valued at Rs. 22. 485. 30. Subsequently the valuation of the suit was amended to Rs. 29,836. 67 exceeding the jurisdiction of the learned Civil Judge. Senior Division. On an application under Section 24 of the Code of Civil Procedure, (hereinafter referred to as the code), the learned District Judge by its order dated 16. 11. 1999 recalled the records of the suit and transferred the same to the Court of learned Additional District Judge. Basti, having jurisdiction to try the Small Causes Court Suit above Rs. 25,000. The said application under Section 24 of the Code was registered as Misc. Case No. 804 of 1999 in which the order dated 16. 11. 1999 was passed.

( 2 ) MR. R. N. Pandey, learned counsel for the applicant contends that the said order cannot be sustained on two grounds--first that the order was passed without any notice to the applicant-defendant and without giving any opportunity to it. The second ground is that applicant-defendant had taken objection to the Jurisdiction of