Section 24. Where evidence on record sufficient Appellate Court may determine case finally

24. Where evidence on record sufficient Appellate Court may determine case finally.— Where the evidence upon the record is sufficient to enable the Appellate Court to pronounce judgement, the Appellate Court may, after resettling the issues, if necessary, finally determine the suit, notwithstanding that the 1. Ins. by Act 104 of 1976, s. 87 . (w.e.f. 1-2-1977). 2. Subs. by s. 87, ibid., for certain words (w.e.f. 1-2-1977). 3. Ins. by s. 87, ibid. (w.e.f. 1-2-1977). 4. Subs-rule (3) omitted by Act 46 of 1999, s. 31 (w.e.f. 1-7-2002). judgment of the Court from whose decree the appeal is preferred has proceeded wholly upon some ground other than that on which the Appellate Court proceeds. 24. General power of transfer and withdrawal.— (1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage— (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or (b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and— (i) try or dispose of the same; or (ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or (iii) retransfer the same for trial or disposal to the Court from which it was withdrawn. (2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1) , the Court which[1] [is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn. 2[(3) For the purposes of this section,— (a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court; (b) "proceeding" includes a proceeding for the execution of a decree or order.] (4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes. 3[(5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it.] 24. Process for execution.— (1) When the preliminary measures (if any) required by the foregoing rules have been taken, the Court shall, unless it sees cause to the contrary, issue its process for the execution of the decree. (2) Every such process shall bear date the day on which it is issued, and shall be signed by the Judge or such officer as the Court may appoint in this behalf, and shall be sealed with the seal of the Court and delivered to the proper officer to be executed. 5[(3) In every such process, a day shall be specified on or before which it shall be executed and a day shall also be specified on or before which it shall be returned to the Court, but no process shall be deemed to be void if no day for its return is specified therein.] 1. Subs. by Act 104 of 1976, s. 72, for "one year" (w.e.f. 1-2-1977). 2. Ins. by Act 8 of 1937, s. 3. 3. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977). 4. Subs. by Act 38 of 1978, s. 3 and Sch. II, for "the last preceding rule" (w.e.f. 26-11-1978). 5. Subs. by Act 104 of 1976, s. 72, for sub-rule (3) (w.e.f. 1-2-1977).