Transfer Application No.429 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No.429 of 2011(O & M) Date of Decision:26.09.2011 Kashmir Kaur ....petitioner Versus Sukhwinder Singh & ors. .....respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN 1.Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr.S.C.Khunger, Advocate for the petitioner Mr.N.K.Manchanda, Advocate for respondent No.1 Mr.L.S.Sidhu, Advocate for respondent No.2 *** JITENDRA CHAUHAN, J.(ORAL): The present application under Section 24 of the Code of Civil Procedure(in short 'the Code') is for transfer of appeal titled as “Sukhwinder Singh vs.Kashmir Kaur & Ors.”in the court of Additional District Judge, Moga, to the court of competent jurisdiction at Ferozepur, where another appeal, titled as “Kashmir Kaur vs.Dial Singh & ors.” is pending regarding the same subject matter. Learned counsel for the petitioner refers to Section 96 of the Civil Procedure Code which is as under: Appeal from original decree:- 1. “Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any Court exercising original jurisdiction to the Court Transfer Application No.429 of 2011 2 authorized to hear appeals from the decisions of such Court. 2. An appeal may lie from an original decree passed ex parte. 3. No appeal shall lie from a decree passed by the Court with the consent of parties. 4. No appeal shall lie, except on a question of law, from a decree in any suit of the nature cognizable by Courts of Small Causes, when the amount or value of the subject-matter of the original suit does not exceed.” Learned counsel contends that the suit was decided by the Court of Civil Judge(Junior Division), Zira and the District Judge, Ferozepur is having the original jurisdiction to hear the appeals arising out of the judgement and decree passed by the learned Civil Judge at Zira. He further contends that another appeal filed by the co-plaintiff Sukhwinder Singh is later in time and against the spirit of Section 96 of the CPC. On the other hand, learned counsel for the respondents states that in view of the notification issued on 05.11.1999, in pursuance of the decision taken by this Court, the territorial jurisdiction of the concerned village has been shifted to District Moga. In the notification at Sr.No.34, Kadar Wala, the place where the property is situated, has been recorded. He accordingly submits that the District Court, Moga, is the competent court for hearing the appeal against the judgement and decree passed by the learned trial Court at Zira after 05.11.1999. Learned counsel for respondent No.2, submits that Moga is in the proximity of village Kadar Wala and it will be convenient to both the parties, if the appeals are heard by the competent Court at Moga. As per the communication No.29346 Gaz.-II(2)dated Transfer Application No.429 of 2011 3 11.10.2001, issued by this Court to the District & Sessions Judge, Ferozepur, the judicial work of the Revenue Estate of 150 villages of Dharamkot revenue area including the village in question was shifted to the revenue District Moga(Sessions Division, Faridkot) w.e.f.05.11.1999. The suit filed on the behalf of the applicant was prior to the cut-off date. Keeping in view the provisions of Section 96 of the Code and the cut-off date reflected in the communication dated 11.10.2001, it cannot be said that the Court at Moga has the jurisdiction. If the parameters laid down in Section 96 of the Code are applied to the facts of the present petition, it emerges that the District Court, Ferozepur, is the competent court to decide the appeal in question, against the judgment and decree passed by Civil Juge, Zira. Accordingly, the suit titled as “Sukhwinder Singh versus Kashmir Kaur & Ors.”is withdrawn from the Court of Additional District Judge, Moga and is transferred to the competent Court at District Ferozepur. Learned Additional District Judge, Moga, is directed to send the case file of the above said case to the District Judge, Ferozepur within three weeks from the date of receipt of certified copy of the order, who will entrust it to the Additional District Judge concerned, where another connected appeal i.e.”Kashmir Kaur vs.Dial Singh & ors.” is pending. In order to avoid conflict of judicial opinion regarding the same subject matter, both the appeals shall be heard and disposed of simultaneously. The parties shall appear before the District Judge, Ferozepur on 05.11.2011. Transfer application stands allowed. (JITENDRA CHAUHAN) JUDGE 26.09.2011 neenu