( 1 ) THIS is an application by Hola Ram for the transfer of a criminal case pending before a Special magistrate in Lucknow to the Court of some Magistrate in Allahabad on the ground of convenience to the parties.

( 2 ) TWO preliminary questions, however, arise in this case. The first is whether the present application for transfer should have been made to the Bench of this Court sitting at Lucknow. The second is whether it is open to the Bench at Lucknow to transfer the case from Lucknow to allahabad. Article 14 of the United Provinces High Courts (Amalgamation) Order, 1948, provides as follows: "the new High Court, and the Judges and division Courts thereof, shall sit at Allahabad or at such other places in the United Provinces as the Chief Justice may, with the approval of the governor of the United Provinces, appoint : provided that unless the Governor of the United Provinces with the concurrence of the Chief justice otherwise directs, such judges of the new High Court, not lees than two in number, as the chief Justice may from time to time nominate, shall sit at Lucknow in order to exercise in respect of cages arising in such areas in Oudh as the Chief Justice may