1 10.07.2026 Item No.26 Court No. 30 skg CO 2178 of 2026 Sahanaj Parvin & Ors. -vs- Sri Goutam Mukherjee & Anr. Mr. Sanat Kr. Ray, Adv. Mr. Atany Basu, Adv. … for the Petitioner 1. The revisional application has been preferred for a direction of transferring the Title Suit No. 63 of 2024 pending before the learned Civil Judge (Jr. Div.) 1st Court, Arambagh to the Court of learned Civil Judge (Sr. Div.), Arambagh, Hooghly on the ground that the learned Civil Judge (Jr. Div.) 1st Court, Arambagh, Hooghly vide its order no.12 dated 06.09.2025 directed as follows: “That instant counter claim dt. 05.07.2025 is hereby returned to the defendants for its presentation before proper Court. Sheristadar to return the original counter claim dt.05.07.2025 along with the Court Fees/stamps and vokalatnama and relied documents, if any, filed on 05.07.2025 to the defendants or to their Ld. Advocate on Record, after keeping proper receipts. BC-I to update Court Diary, Cause List, CIS and Upload typed copy of order sheet through CIS. As the Counter-claim is a cross-suit in nature, even if it is returned, the suit shall continue before this Court for the time being. 2 Fix 15.11.2025 for further hearing of petition for temporary injunction and petition u/O.39 R.4 CPC. Ad interim order of injunction is extended till the next date fixed.” 2. Learned Counsel appearing for the petitioner submits that as the counter-claim has been returned and the suit has been retained with the Court of Civil Judge (Jr. Div.) 1st Court, Arambagh, Hooghly the petitioner prays that the title suit be also transferred to the court of Civil Judge (Sr. Div.) Arambag, Hooghly on the ground that the pecuniary jurisdiction of the counter-claim exceeds the jurisdiction of the Civil Judge (Jr. Div.). 3. Prima facie this Court is of the view that the counter-claim is an integral part of the pleadings in the title suit as such the part of the pleading in the title suit cannot be returned on the ground of it is exceeding the pecuniary jurisdiction. 4. The suit has to be transferred as a whole. 5. On considering that it is a prayer for transfer from one Court to another Court within the district, the learned District Judge is empowered to consider the said prayer for transfer. 6. Accordingly, the Civil Revision being no. CO 2178 of 2026 stands disposed of with a liberty granted to the petitioner to move such an application before the learned District Judge, Hooghly within 30 days from the communication of this order and 3 the learned District Judge shall dispose of the same expeditiously in accordance with law. 7. There shall be no order as to costs. 8. Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Shampa Dutt (Paul), J.)