Dasrath Prasad Singh And Anr. vs Baijnath Prasad Singh on 15 December, 1959
The order of the District Judge dated 1-7-53 was therefore set aside and the application for transfer was remanded to him for disposal according to law. The matter has now been disposed of by the third Additional District Judge of Monghyi who has held, on the authority of Ranjit Kumar Banerjee v. Gour Hari Mukherji, AIR 1956 Cal 655, that he has no power to order the transfer of an execution case from one court to another. When requested to transfer the case by the inherent Dowers under Section 151 of the Civil Procedure Code he held that if the execution case would have been filed in the Court at Monghyr prior to the creation of the subordinate Judge's court at Begusarai, the case could be transferred under Section 151: but the present case was, in the opinion of the learned Additional District Judge, wrongly filed in the court of the Subordinate Judge at Monghyr long after the creation of the court of the Subordinate Judge at Begusarai and, therefore, he was not inclined to exercise his inherent powers for the transfer of this case. The decree-holders have therefore, come no in revision to this Court.