N.L. Ganguly, J.

(1) This civil revision under Section 25 of the Provincial Small Causes Court Act has been filed against the ex parte judgment and decree dated 29-1-1985 passed by VIII Additional District Judge, Kanpur decreeing the suit for eviction and recovery of arrears of rent. The parties are represented and have exchanged affidavits. The parties consented that original record of the court below shall not be necessary. I proceed to decide the revision finally.

(2) THE learned counsel for the applicant submits that the suit was filed before the court. Order sheet shows that notice was served, as per order sheet dated 11-1-1985, on the defendant but no written statement was filed on behalf of defendant. Thereafter it was directed that the S. C. C. Suit itself be transferred to court of VIII Additional District Judge fixing 24-14985. Record shows that the record of the suit was received by transfer on 15-1-1985. It was directed by the VIII Additional District Judge to put up the case on the date fixed. On the date fixed, 24-1-1985 when the case was called in the court of VIII Additional District Judge the defendant was not present. It is noted in the order sheet that he was personally served and no written statement has been Sled. Order for proceeding ex-parte was passed fixing 25-1-1985. On the said date plaintiff's witnesses was recorded and judgment was fixed for 29-1- 1985 and the impugned judgment was passed on the said date.

It is not disputed that when the S. C. C. suit was transferred from the original court to the court of VIII Additional District Judge no fresh notice about the transfer was given to the defendant. Provisions of Rule 89-A of the General Rules (Civil) shows that it is mandatory for the court to give notice and information of the transfer, The provisions of General Rules (Civil), Rule 89-A is quoted as under: "procedure to be followed on transfer or withdrawal of cases - (1) When a case, i. e. a suit, appeal or other proceedings in which a date for attendance of a party or the parties in a particular court has been fixed, is transferred from that court to another, the former court shall record the order of transfer in the order sheet and get it signed by counsel of the party or parties, if any party is unrepresented information shall be sent to his registered address. The case shall be called out by the other court on the date already fixed by the transferring court and the presence of tae parties noted. (2) A note to the effect that a party or the parties have been informed in accordance with sub-rule (1) shall be made on the record by the transferring court. (3) Where cases are transferred in a large number the court from which they are transferred shall, besides following the procedure laid down in tub-rule (1) draw up a list mentioning in it the numbers and years of the case and the names of the parties and their counsel, and shall cause one copy of it be posted on the notice board of the local bar association for information of the members of the bar and another copy to be posted on the Notice-Board of the court for information of the general public. It shall be also sent to the other court along with the records of the transferred cases, a copy of the list (or relevant extract of it) the other court shall post it on its own Notice Board. If the other court is situated in a different place in which there is another bar association, an extra copy of the list shall be sent to it for being posted on the notice board of the bar association. (4) The court to which cases are transferred shall not proceed without satisfying itself that the parties or their counsel, as the case may be, have been informed of the transfer. (5) In sub-rules (1) to (4) 'transfer' includes withdrawal of a case. " The record do not show that in any manner there was any compliance of the aforementioned rules. Similar provisions are also contained in Section 24 of the Code of Civil Procedure. This is common knowledge