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1961 DIGILAW 27 (RAJ)

Bhagwandas v. State of Rajasthan

1961-02-08

JAGAT NARAYAN

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JAGAT NARAYAN, J.—This is a revision application by the plaintiff in a suit for recovery of money. The suit was dismissed by the Munsiff, Sironj on 23-12-55. An appeal was preferred in the court of District Judge, Kota, on 23.1.56. It was pending in that court on 1.11.56 when Sironj was transferred from Rajasthan to Madhya Pradesh. On 22.5.56 the District Judge transferred the appeal for disposal to the Civil Judge Bundi who dismissed it on 16.1.57. 2. One of the grounds taken in the revision application is that the court of Civil Judge, Bundi, had no jurisdiction to decide the appeal as under sec. 125 of the States Re-organization Act, 1956 it stood transferred to the court of District Judge Bhilasa in Madhya Pradesh. The relevant portion of sec. 125 runs as follows: — Every proceeding pending immediately before the appointed day before a court (other than a High Court), tribunal, authority or officer in any area which on that day falls within a State) shall, if it is a proceeding relating exclusively to any part of the territories which as from that day are the territories of another State, stand transferred to the corresponding court, tribunal, authority or officer in the other State. 3. The defendant being the State of Rajasthan the suit could only be filed in a court having jurisdiction over the place where the cause of action arose. The cause of action in the present suit wholly arose in Sironj. Sec. 125 of the State Reorganization Act is applicable to the present case. The civil appeal pending in the court of Civil Judge Bundi on 1.11.56 stood transferred to the court of District Judge Bhilsa on that date. 4. As the appeal was not pending in the court of Civil Judge Bundi when it was heard and disposed of by him sec. 21 of the Code of Civil Procedure is not applicable. This section can only apply to cases which are pending in the court which decides them. 5. I accordingly allow the revision application, set aside the judgment and decree passed by the Civil judge Bundi and direct that the record of the case be sent to the District Judge Bhilsa in Madhya Pradesh where it is deemed to be pending through the High Court of Madhya Pradesh.