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2012 Supreme(All) 3295

PANKAJ MITHAL
SHIVCHARN MAURYA – Appellant
Versus
ADDITIONAL DISTRICT JUDGE – Respondent


Advocates Appeared:
Sanjay Maurya for the Applicants.

JUDGMENT

Hon’ble Pankaj Mithal, J.—The applicants are claimants. Their claim petition under the Motor Vehicles Act, 1988 is pending before the Motor Accident Claim Tribunal. Applicants by means of this application under Section 24 C.P.C. wants that the aforesaid claim petition be transferred to the Lok Adalat of the District.

2. I have heard learned counsel for the applicants.

Section 24 of the C.P.C. contains the general power of transfer and withdrawal of suit from one Court to another. It provides that a High Court or the District Court may at any stage withdraw any suit, appeal or other proceedings pending in any Court subordinate to it and transfer the case for trial or disposal to any Court subordinate to it and competent to try or dispose of the same.

The relevant portion of Section 24 C.P.C. is reproduced herein below :

“24. General power of transfer and withdrawal.—(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage—

(a)..............

(b) withdraw any suit, appeal or other proceedings pending in any Co




















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