By the Court.—This is an appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 by the husband against the order of the learned single Judge dated 18.8.2008 passed in a transfer application under Section 24, C.P.C. transferring divorce petition No. 1020 of 2006 Amit Khanna v. Smt. Suchi Khanna from Family Court, Kanpur Nagar to the Family Court at Lakhimpur Khiri.

2. At the very outset the Court confronted the learned counsel for the appellant about the maintainability of this special appeal in view of the ratio of Jagdish Kumar v. District Judge, Budaun, 1998 (1) ARC 305. In the said case the single Judge has laid down that an order passed under Section 24, C.P.C. is neither appealable nor revisable. However, it can be subject to test under supervisory jurisdiction of the High Court provided it has been passed by the District Court and against an order passed by the High Court remedy under Section 25, C.P.C. is available before the Supreme Court. It has further been held that an order relating to transfer of case from one Court to another is not a ‘Judgment’ within the meaning of clause 10 of the Letters Patent by which the High Court of Judicature at All