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2016 DIGILAW 1536 (MAD)

C. James Premdoss Clement v. M. J. Monisha

2016-04-13

V.M.VELUMANI

body2016
JUDGMENT : V.M. VELUMANI, J. 1. This review application is filed against the order dated 16.07.2015 passed in Tr.C.M.P.(MD).No.183 of 2015. 2. The petitioner has filed the present review petition to review the order dated 16.07.2015 made in TR.C.M.P.(MD).No.183 of 2015. 3. According to the petitioner, the Family Court, Trichy has no territorial jurisdiction and therefore, there is an error apparent in the order sought to be reviewed. The said contention is untenable. As per Section 24 of C.P.C., this Court has power to withdraw and transfer any case, pending in any Court subordinate to this Court and transfer the same to any Court competent to try the same. 4. Section 24 of C.P.C. reads as follows: “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 desire to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage:- (a) transfer any suit, appeal or other proceedings pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or (b) withdraw any suit, appeal or other proceedings 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to try or dispose of the same; or (iii) re-transfer the same for trial or disposal to the Court from which it was withdrawn. (2) Where any suit or proceeding has been transferred or withdrawn under sub-Section(1), the Court which [is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the case of an order of transfer, either re-try it or proceed from the point at which it was transferred or withdrawn. (3) For the purpose of this Section,- (a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court; (b) proceedings includes a proceeding for the execution of a decree or order.] (4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes. [(5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it.]” 5. It is not the case of the petitioner that the Family Court, Trichy is not a competent to try I.D.O.P. On the other hand, his contention is, the Family Court, Trichy has no territorial jurisdiction. In view of Section 24 C.P.C., there is no error in the order dated 16.07.2015 passed in Tr.C.M.P.(MD)No.183 of 2015, as alleged by the learned counsel for the petitioner. In the result, the review application is dismissed. No costs.