AIR 1988 MADHYA PRADESH 206 ::1988 (1) CurCC 10 ::(1988) MPLJ 435 ::(1988) Jab LJ 147 ::(1988) 21 Reports 153

Madhya Pradesh High Court

Hon'ble Judge(s): C. P. Sen, P. C. Pathak , JJ

Civil P.C. (5 of 1908) , S.24(1)(b)(i)— Madhya Pradesh High Court Rules and Orders , S.I Chap.I R.1(g), S.I Chap.I R.1(m), S.I Chap.I R.4— Transfer of case to High Court - Gas leakage tragedy occurring in Bhopal - Claim cases filed in District Judge's Court at Bhopal - Withdrawal or transfer of cases to High Court at Jabalpur - Jurisdiction can be exercised by Division Bench - Held, on facts there was no justification for withdrawal of cases. Constitution of India , Art.228— Under S.24(1)(b)(c) the High Court can transfer the claim cases from the Bhopal District Court to the High Court at Jabalpur for being tried there. Under the High Court Rules and Orders, the jurisdiction to transfer the claim cases for being tried in High Court has to be exercised by the Division Bench. Single Bench is only empowered under R.1(g) and (m) of Chapter I, Section I, of the High Court Rules, to pass order under Ss.22, 23 and 24(1)(a) of the Code. Suo motu power of withdrawal of a suit to itself from a subordinate court can be exercised by a Division Bench only. The plaintiff or the claimant as the arbiter litis, has a right to select his own forum available under the law and this right is not to be interfered with except on very strong grounds. The jurisdiction under S.24 has to be exercised with extreme caution and the plaintiff could not be stopped from going....