Order 39 rule 2a should be heard by the judge hearing main suit

tarun (Querist) 12 August 2012 This query is : Resolved
Respected Members,

is there any judgement or citation that the judge/ civil judge who is hearing or has decided the main suit should hear and decide the application under order 39 rule 2A or CPC. if any judgement or citation available plz plz tell me

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Devajyoti Barman (Expert) 12 August 2012
There is no law which prescribes the same judge to hold both the proceeding.
That is so for the hearing 0f contempt cases before the high court on violation of order of particular judge.

tarun (Querist) 13 August 2012
i think there is case law on the same point i asked, but i forget the citation

venkatesh Rao (Expert) 13 August 2012
Judge in succession will get jurisdiction to hear all the matters heard by his predecessor. There is no law, practically, there cannot be any such law.

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