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2016 Supreme(All) 264

SURYA PRAKASH KESARWANI
INDIAN OIL CORPORATION LTD. – Appellant
Versus
RAM SWAROOP BAJAJ (DECEASED) – Respondent


Advocates:
Counsel :
Prakash Padia for the Applicant; M.M. Sahai for the Opposite Party.

JUDGMENT

Hon’ble Surya Prakash Kesarwani, J.—Heard Shri Prakash Padia, learned counsel for the applicant and Shri M.M. Sahai, learned counsel for the opposite party.

2. This application under Section 24 of Civil Procedure Code has been filed praying to set aside the order dated 21.1.2016 passed by the District Judge, Kanpur Nagar rejecting the Misc. Transfer Application No. 640/14 of 2015 and stay the further proceedings in Civil Revision No. 114 of 2015 for transferring the said civil revision to another Court.

3. Shri M.M. Sahai has raised a preliminary objection regarding the maintainability of the application on the ground that an application under Section 24 of C.P.C. for setting aside the order passed by the District Court, is not maintainable. In support of his submission, he relied upon a decision of this Court in the case of Sunita Devi v. Ram Kripal and another, 2015 (2) AWC 1543 : 2014(8) ADJ 33 (NOC) (paragraphs 8 and 10).

4. I have considered the submissions of the learned counsel for the parties.

5. The general power to transfer the case by the District Court or the High Court has been conferred under Section 24 of C.P.C., which is reproduced below:

“24. General power






















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