Oldfield and Tyrrell, JJ.:— We must give effect to the first and second place of this application. It is unquestionable that the respondent's suit had been instituted in the Court of the late Subordinate Judge of Ghazipur, in the exercise of his Small Cause Court jurisdiction, and that on his retirement from office the District Judge directed, his successor, who is not invested with Small Cause Court jurisdiction, to try the case. This action of the Judge must be held to have taken place under the terms of s. 25 of the Civil Procedure Code, which provides that “the Court trying any suit withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.” It was contended for the plaintiff that the suit was not withdrawn from a Court of Small Causes, as that Court had gone out of existence at the time of the Judge's order. But this argument is without force. The suit was on the register of a competent Small Cause Court, which was in existence when the suit was lawfully instituted therein. If the suit was not withdrawn from that Court, from what Court was it withdrawn? Not from that of the late Subordinate Judge, on whose register the suit as a matter of fact had never been entered, and could, not legally have been entered as an original suit, under the mandatory provisions of s. 15 of the Procedure Code. We allow the first and second pleas; and setting, aside the decree of the lower appellate Court, we restore that of the Subordinate Judge.