( 1 ) THIS application for transfer of Rent Control Appeal No. 9 of 1997 has been moved under section 24 of the Code of Civil Procedure. The said Rent Control Appeal is pending before the district Judge. Almora. The appeal arises out of proceedings initiated by respondent Nos. 2 and 3 against the petitioner under Section 21 (1) (a) of U. P. Act No. XIII of 1972. The release application was allowed by the Prescribed Authority and against that judgment the petitioner has preferred an appeal under Section 22 of the Act.

( 2 ) THE first question which requires consideration is whether the present transfer application is maintainable under Section 24 of the Code of Civil Procedure? It is well-settled law that entire provisions of the C. P. C. have not been made applicable to the proceedings under the Act, either original or appeal or revision. Section 34 of the Act specifically provides that the District magistrate, the Prescribed Authority or any (appellate or Revising Authority) shall for the purposes of holding any Inquiry or hearing (any appeal or revision) under this Act have the same powers as are vested in the civil court under the Code of Civil Procedure when try