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 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 desire to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage.

(a) transfer any suit,, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or

(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and

(i) try or dispose of the same, or

(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or

(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.

(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which is thereafter to try or dispose of such suit or proceeding may, subject to any special directions in the case of an order of transfer, either re-try it or proceed from the point at which it was transferred or withdrawn.

(3) For the purpose of this section,?

(a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court; (b) “proceeding” includes a proceeding for the execution of a decree or order.

(4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.

(5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it.”

6. From perusal of the aforesaid provisions, it is apparently clear that no power has been conferred on the High Court to set aside the order passed by the District Court on an application under Section 24 of C.P.C.

7. In the case of Dr. Ajay Chaturwedi v. Smt. Shobhana, 2014(11) ADJ 404 (DB), a Division Bench of this Court has considered the nature of power under Section 24 of C.P.C. and held that transfer of proceedings of suit, appeal etc. can be directed by the High Court/District Court on an application as also suo moto. This power of transfer is not an exercise of original jurisdiction, it is not an exercise of appellate jurisdiction nor it is an exercise of revisional jurisdiction. The power of transfer of suit and other proceedings is an exercise of power of superintendence. The legal position has also been explained by the Madras High Court in the case of P. Karuppiah Ambalam v. Ayya Nadar, 1963 SCC ONLINE Mad. 260; (1965) 78 LW 133 (Mad.). The power conferred under Section 24 of C.P.C. gives power to two superior Courts, viz., the High Court or the District Court to withdraw any suit, appeal or other proceedings pending in any Court subordinate to it and eithe