Bombay High Court
Sakharam And Anr. vs Gangaram And Ors. on 10 January, 1889
Equivalent citations: (1889)ILR 13BOM654
JUDGMENT Charles Sargent, C.J.
1. The suits, having, been transferred from the Court of the Subordinate Judge of Pandharpur to the District Court of Sholapur, were pending in the latter Court when the defendants made their application to have the suits retransferred to Pandharpur. Section 25 only enables a District Court to transfer a suit pending in a Court of first instance subordinate to itself, and not to transfer a suit which is pending in its own Court. The order of retransfer must, therefore, be discharged as having been made without jurisdiction. Rule made absolute with costs.