The main legal point established in the judgment is the interpretation of 'subordinate' in Section 24 of the Code of Civil Procedure and the jurisdictional limitation of the Lucknow Bench.

Mahendra Dayal, J. –

Heard Shri Akhilesh Kalara, learned counsel for the applicant and Shri Nirankar Singh, learned counsel for opposite parties.

2. This is an application for transfer of petition under Section 24 of the Code of Civil Procedure seeking transfer of Regular Suit No. 803 of 2005 pending in the court of A.C.M.M. IV, Kanpur Nagar to any competent court at Lucknow.

3. It has been contended by Shri Kalara that the suit for partition being Regular Suit No. 803 of 2005 was filed by the opposite party No. 1 in respect of two properties. One property is situated at Kanpur Nagar while the other is situated at Lucknow. It is further submitted that under Section 16 of the Code of Civil Procedure the suit in respect of immovable property is instituted where the subject matter situates. Section 17 of the Code provides that where the suit to obtain relief in respect of immovable property situates within the jurisdiction of different courts, the suit may be instituted in any court within the local limit of whose jurisdiction any portion of the property situates. Since the property which is the subject matter of the aforesaid partition suit is partly situated at Kanpur Nagar and partly at Lucknow, therefore, the opposite party No. 1 had discretion to file the suit either at Kanpur Nagar or at Lucknow. He as per his own choice filed the suit at Kanpur Nagar. The ground for transfer of the case taken by the applicant is that the opposite party No. 1, namely, Prabha Kant Srivastava resides in U.S.A. and he has given power of attorney to Shri Vinay Tiwari Advocate who is conducting this case on behalf of opposite party No. 1. He, since his appearance is conducting the case as if the case is his own case and tries to prejudice the mind of the Presiding Officer treating it as his personal case. Shri Vinay Tiwari is a practicing lawyer at Kanpur. He as attorney holder preferred a writ petition before the Allahabad High Court being Writ Petition No. 1130 of 2010 to expedite the proceeding of regular suit which was disposed on 8.12.2010 and an order for expeditious disposal of the case was passed.

4. The applicant is a widow who is a resident of Lucknow. After the death of her husband, she is presently doing teaching job which is the only source of her livelihood. It is very difficult for her to attend the case at Kanpur regularly. She is also suffering from acute arthritis making it more difficult to her to go Kanpur to attend the proceeding of the case.

5. On the aforesaid ground the applicant has sought transfer of the case from Kanpur Nagar to Lucknow.

6. The application has been opposed by the opposite parties on the ground that the Allahabad Bench and the Lucknow Bench of the Allahabad High Court are two Benches which exercise jurisdiction with regard to the area as prescribed. The area of Kanpur Nagar does not fall within the jurisdiction of Lucknow Bench, and therefore, the applicant should approach Allahabad Bench of the High Court for seeking transfer of the case from Kanpur Nagar. He has referred to Section 24 of C.P.C. according to which the Court is empowered to transfer the case from one court to the other court. Under this provision the court may at any stage of the case transfer any suit or appeal or other proceeding pending before it for trial to any court subordinate to it and competent to try or dispose of the same.

7. The submission of learned counsel for the opposite parties is that since the court of Kanpur Nagar is not subordinate of Lucknow Bench of the Allahabad High Court, therefore, this Court cannot exercise power of Section 24 for transfer of the case from Kanpur Nagar to Lucknow. In support of his contention the learned counsel has referred to a recent decision rendered by the Allahabad Bench of the Allahabad High Court in Transfer Application No. 19 of 2014. In this case it has been held that in view of the decision of the Allahabad High Court in the case of Smt. Jyotsan Dixit v. Civil Judge, Kheri and ot