Ram Nath vs Y.K. Singhal, VII A.D.J. and Another

D.S. Sinha, J.—The list has been revised No body appears in support of this application.

By means of this application, u/s 24 of the Code of Civil Procedure, 1908, the applicant seeks transfer of Civil Revision No. 160 of 1987, Ram Nath v. Vishnu Dutt pending in the court of 7th Additional District Judge, Saharanpur.

From a perusal of the averments made in the affidavit of Sri Ram Nath, filed in support of the transfer application, it appears that the prayer for transfer of the case is founded, principally, on the ground that the court had declined to grant adjournment in the case on a certain date and while granting adjournment on another date imposed costs of Rs. 150/-. Refusal to adjournment, or imposition of costs while granting adjournment, cannot, ordinarily, constitute sufficient ground for transfer of a case.

Further a faint assertion in the counter affidavit in justification of the prayer for transfer is that the court is annoyed on account of the fact that the applicant had sought transfer of the revision. This too cannot be the basis for transfer of the case inasmuch as the assertion is conjectural.

There is another faint suggestion in the affidavit that the Presiding Officer has expressed some opinion with regard to the merits of the case by gestures and observations. The averment is blissfully vague and totally unfit for any consideration.

The instant application lacks merit and is, therefore, rejected.