Jwala Singh And Ors vs Attar Singh And Ors

The instant writ petition has been filed challenging the order dated 06.08.2020 whereby application filed by the petitioners- defendants for transfer of Civil Suit No.16/19 (88/2014) pending in the Court of Additional Civil Judge (Senior Division), Hindaun, has been dismissed.

Learned counsel for the petitioners submitted that initially the suit was filed and pending in the Court of Civil Judge (Jr. Division), No.1 Hindaun and later on the said case was transferred to Civil Judge (Jr. Division) No.2, Hindaun due to administrative reasons. Learned counsel submitted that while the case was pending before the Civil Judge (Jr. Division) No.2, Hindaun, the plaintiff filed an application for transfer and without hearing the present petitioners-defendants, the case was transferred to the Court of Addl. Civil Judge (Senior Division).

Learned counsel for the petitioners submitted that when an application was filed before the District Judge under Section 24 read with Section 151 CPC for transfer of the case, the fact regarding the biased attitude of the Presiding Officer was reflected. Learned counsel further submitted that the various order sheets of the Court of Addl. Civil Judge (Senior Division) also reflected imposition of cost on certain application filed by the defendants. Learned counsel submitted that the petitioners- defendants filed application under Order 13 Rule 10 CPC and the same was dismissed at the cost of Rs.200 and further application filed under Order 11 Rule 12 & 14 read with Section 30 CPC for summoning the documents, was also dismissed with the cost of Rs.400.

Learned counsel for the petitioners further submitted that proximity of the Presiding Officer with the plaintiffs was highlighted and spelt out in the application and petitioners- defendants had requested that the case was not required to be heard by Addl. Civil Judge (Senior Division) and it could have been transferred to any Court in District Karauli.

I have heard the learned counsel for the petitioners and perused the material available on record.

The order dated 06.08.2020 passed by the District & Sessions Judge Karauli reflects that the transfer application filed by the petitioners-defendants was with vague and wild allegations levelled against the Officer and in fact same amounted to disrepute and to lower down the image of the Court in the eye of public. The Court below has also found that the application of the petitioner was nothing except fig of imagination and as such application has been dismissed.

This Court does not find any error in the order passed by the District & Sessions Judge.

This Court finds that the allegations of the petitioners that the Presiding Officer will act in a biased manner and further on previous occasions cost has been imposed and as such the case is required to be transferred, suffices it to say that the suit has been filed in the year 2007-08 and case was fixed for final hearing on 07.02.2019 and after such date being fixed, the application for transfer was filed on 26.08.2019, when case was ripe for final hearing.

This Court will not permit this kind of practice adopted by a litigant who in order to defeat the final hearing of the case, file applications of transfer from one Court to another only on imagination and apprehensions.

The writ petition is being devoid of merits and the same is accordingly dismissed.