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2012 DIGILAW 2950 (ALL)

SHIVCHARN MAURYA v. ADDITIONAL DISTRICT JUDGE

2012-12-19

PANKAJ MITHAL

body2012
JUDGMENT Hon’ble Pankaj Mithal, J.—The applicants are claimants. Their claim petition under the Motor Vehicles Act, 1988 is pending before the Motor Accident Claim Tribunal. Applicants by means of this application under Section 24 C.P.C. wants that the aforesaid claim petition be transferred to the Lok Adalat of the District. 2. I have heard learned counsel for the applicants. Section 24 of the C.P.C. contains the general power of transfer and withdrawal of suit from one Court to another. It provides that a High Court or the District Court may at any stage withdraw any suit, appeal or other proceedings pending in any Court subordinate to it and transfer the case for trial or disposal to any Court subordinate to it and competent to try or dispose of the same. The relevant portion of Section 24 C.P.C. is reproduced herein below : “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 may at any stage— (a).............. (b) withdraw any suit, appeal or other proceedings pending in any Court subordinate to it, and— (i)........................ (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)......................... (2)........................... (3)........................... (a)........................... (b)........................... (4)........................... (5)...........................” A plain reading of the aforesaid provision makes it clear that the power of withdrawal and transfer of the suit, appeal or other proceedings is available to the High Court or the district Court only if such suit, appeal or proceeding is pending in a Court subordinate to it and are sought to be transferred to a competent Court again subordinate to it and not otherwise. Section 3 of Bengal, Agra and Assam Civil Courts Act, 1887 classify the different classes of Court and mentions that the Court of District Judge; Additional Judge, (Civil Judge Senior Division) and the Court of Muncif (now Civil Judge, Junior Division) are all civil Courts. Section 3 of Bengal, Agra and Assam Civil Courts Act, 1887 classify the different classes of Court and mentions that the Court of District Judge; Additional Judge, (Civil Judge Senior Division) and the Court of Muncif (now Civil Judge, Junior Division) are all civil Courts. Therefore, a composite reading of Section 3 both of the Code of Civil Procedure and Bengal, Agra & Assam Civil Courts Act, 1887 establishes that District Court, Court of Small Causes and Civil Courts which include District Judge, Civil Judge (Senior Division) and Civil Judge (Junior Division) are all Courts subordinate to the High Court for the purposes of Section 24 C.P.C. 3. Lok Adalats or Permanent Lok Adalats are created under the Legal Services Authorities Act, 1987 (hereinafter referred to as the Act). They have not been described as Courts suboridnate to the district Court or High Court for the purposes of Section 24 C.P.C. though they are within the supervisory jurisdiction of the High Court. Section 20 of the Act provides for the jurisdiction of the Lok Adalat and the manner of taking cognisance of the proceedings by the Lok Adalats. It provides that where a matter pending in a Court is appropriate for being dealt with Lok Adalat the Court on being satisfied can refer it to Lok Adalat and further that any party to a dispute desirable of settlement through Lok Adalat may make an application in this regard to the Court where the dispute is pending. 4. In view of provision of Section 20 of the aforesaid Act, if the applicants are desirous of having the matter or the claim petition referred to the Lok Adalat there are supposed to make an application to the Court concerned that is the tribunal in the present case and the tribunal on being satisfied that there are chances of settlement or that the matter is appropriate to be dealt with by the Lok Adalat may make a reference and sent the matter to the Lok Adalat. 5. As far as the reference of the matter to the permanent Lok Adalat is concerned it has to be dealt with in accordance with the provisions of Section 20-C of the aforesaid Act. A reference of dispute to a permanent Lok Adalat is permissible only before bringing the dispute before any Court. 5. As far as the reference of the matter to the permanent Lok Adalat is concerned it has to be dealt with in accordance with the provisions of Section 20-C of the aforesaid Act. A reference of dispute to a permanent Lok Adalat is permissible only before bringing the dispute before any Court. In other words, once a dispute is brought before a Court of law, the permanent Lok Adalat shall not have jurisdiction in the matter. 6. In view of aforesaid facts and circumstances, the prayer of the applicants to transfer the claim petition from the Motor Accident Claims Tribunal under Section 24 C.P.C. cannot be accepted. The applicants may however approach the Tribunal itself under Section 20 of the aforesaid Act. Application is accordingly dismissed. —————