IN THE HIGH COURT OF UTTARAKHAND AT NAINIAL Civil Transfer Application No.08 of 2008 Shri Khushal Singh Rawat, S/O Chagat Singh Rawat, R/O Niranjani Bagh, Shrinagar Garhwal, District Pauri. ……….Applicant. Versus 1. Hemwati Nandan Bahuguna Garhwal University Srinagar, District Pauri through Vice Chancellor. 2. Shri Jaiveer Singh Bhandari S/O Shri Gopal Singh Bhandari R/O Kolyadhar, Patti Baditargarh, District Tehri “Garhwal. (Performa respondents) ………..Respondents. Sri I.P. Kohli, learned counsel for the applicant. Date March 24, 2008. Hon’ble B.S. Verma, J. This application under Section 24 of the Code of Civil Procedure (for short the Code) has been moved for transfer of Original Suit No. 55 of 2005, H.N.B. Garhwal University Vs. Khushal Singh and another pending in the Court of the District Judge, Tehri Garhwal to the Court of the District Judge Pauri Garhwal. The only ground taken for transfer of the suit is that earlier the suit was being tried by the Civil Judge Senior Division Tehri Garhwal and he was holding camp Court at Kirti Nagar. It appears that the suit was withdrawn by the District Judge Tehri Garhwal exercising powers under Section 24(1)(b) of the Code. Section 24 of the Code reads as :- “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 desired to be heard, or of its own motion without such notice, the High Court or the District Court, 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 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to try or dispose of the same; or (iii) re-transfer the same for trial or disposal to the Court form which it was withdrawn.” The contention of the learned counsel for the application that no notice was given by the District Judge Tehri Garhwal before withdrawing the suit form the Court of Civil Judge (Senior Division) Tehri Garhwal is to acceptable. It is amply clear form the aforesaid provision of Section 24 (1) of the Code that it is within the competence of the District Judge to withdraw any suit pending in any subordinate court and to try the same. There is no Court of Civil Judge (Senior Division) at Kirti Nagar and only the court of Civil Judge (Junior Division) is functioning at Kirti Nagar. Learned Counsel for the applicant has also contended there it is not convenient to the applicant-defendant to go to Tehri to defendant the suit in the Court of the District Judge Tehri Garhwal. This ground alone is not sufficient to quash the transfer order passed by the District Judge unless there is any infirmity in the order. In my view, the learned District Judge in exercise of the power under Section 24(1)(b) of the Code has withdrawn the suit form the court of Civil Judge (Senior Division) Tehri Garhwal. In Tehri Garhwal Judgeship, there is no Court of Civil Judge (Senior Division). The cases which have to be heard by Civil Judge (Senior Division) are being heard by the District Judge himself and some transferred case are being heard by Chief Judicial Magistrate as Civil Jude (Senior Division) at the Headquarter only and not at Kirti Nagar. I do not find any infirmity in the order passed by the District Judge under Section 24 of the Code. The application is devoid of merit and is liable to be dismissed outright. The application is dismissed. (B.S. Verma, J.) RCP