Bhupinder Singh vs Jagbinder Singh and others

J.V. Gupta, J.

This petition has been filed under section 24 of the Code of Civil Procedure for transfer of the civil suit filed by the respondents/plaintiff on 28th March, 1984 for recovery of a sum of Rs. 1,10,000/ which is pending in the Court of Senior Sub Judge, Ferozepore. The transfer has been sought primarily on the ground that the plaintiff Jagbinder Singh and the Presiding Officer of the Court have good family relations, and they visit each other''s house quite often.

The comments of the Presiding Officer were sent for. He has denied the said allegations. He has categorically stated " I do not know any Jagbinder Singh son of Inder Singh who is said to be residing in the Officer''s Colony at Ferozepore. I have no connection with any person with the name of Jagbinder Singh or even the person who occupied house No. 29 in the Officers Colony at Ferozepore. There is no P.C.S Officer by the name of Jagbinder Singh, to my knowledge." He has further stated that he does not know any Jagbinder Singh, and, therefore, the question of having any company with such a person does not arise.

Faced with this situation, learned counsel for the petitioner contended that from the orders passed from time to time, particularly asking the defendantpetitioner for having Dasti summons and allowing him to produce his evidence at his own responsibility clearly shows the bias of the Presiding Officer, and, therefore, it was a fit case for transfer.

After hearing the learned counsel for the parties, I do not find that a case has been made out for the transfer of the suit from the Court of Senior Sub Judge, Ferozepore. The mere fact that the Presiding Officer has been expediting the hearing of the suit, and for that matter he directed the parties to take Dasti summons and produce the evidence at their own responsibility is no ground for the transfer of the case from his Court. Consequently, the petition fails and is dismissed with costs.