JUDGMENT

Ram Lall, J. - Mr. I.M. Lal instituted a suit against the Secretary of State for India in the Court of Lala Tara Chand Aggarwal, Sub-Judge, First Class, Lahore, for a declaration that an order removing him from the Indian Civil Service by the defendant was not passed in due course of law and was wrongful, illegal and ultra vires, and that notwithstanding this order the plaintiff was still a member of the Indian Civil Service and entitled to hold office as such and to enjoy all other rights and privileges as a member of this Service. Lala Tara Chand only struck a preliminary issue and at this stage both parties to the suit wanted it to be tried by the High Court. An application was accordingly made for transfer under Section 24, Civil P.C., on the ground that novel points of law of considerable difficulty dealing with the interpretation of the Government of India Act were likely to be involved, the oral evidence was not going to be corisiderable and as the matter would not rest with the decision of the original Court a transfer to the High Court would avoid the probability of a multiplicity of appeals and would be conducive to the convenience of both parties. This suit was a