(Jenkins, C.J, Woodroffe, Mookerjee, Holmwood and D. Chatterjee, JJ.:— The question proposed for our determination is, whether, in view of the provisions of sub-section (2) of section 8 of the Bengal Civil Courts Act (XII of 1887), it is competent to a District Judge to transfer a particular case to an Additional Judge. We answer the reference in the affirmative. The reasons which induce us to adopt that conclusion are sufficiently get forth in the Order of Reference, and we need not repeat them.
The case will go back to the Divisional Bench for final disposal. The Divisional Bench will deal with the costs of this reference.
G.S