Bandhu Naik vs Lakhi Kuar And Anr. on 14 January, 1885

JUDGMENT

W. Comer Petheram, C.J.

1. We think that the appeal must be allowed, and the suit tried again. The question is, whether it has been tried. The trial was commenced by the Subordinate Judge, and the suit was then transferred by the District Judge to his own file under Section 25 of the Civil Procedure Code. By that section the District Judge had power to transfer and try it. But inasmuch as the evidence was not taken before the District Judge, we do not think that he has tried the case. The decree must be set aside, and the case remanded to the Court which has cognizance of suits of the nature of the present one for trial on the merits.