Smt. Roshan Jahan vs Mehndi Hasan
2014 Latest Caselaw 7039 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 26
 

 
Case :- WRIT - C No. - 52712 of 2014
 

 
Petitioner :- Smt. Roshan Jahan
 
Respondent :- Mehndi Hasan
 
Counsel for Petitioner :- Deepak Kumar Verma,S.R. Verma
 
Counsel for Respondent :- M.L. Maurya
 

 
Hon'ble Abhinava Upadhya,J.

Heard learned counsel for the petitioner and Sri M.L.Maurya, learned counsel for the respondent.

By means of this writ petition, the petitioner has challenged the order passed under section 24 CPC by the District Judge by which his application for transfer of the suit No.688 of 2002 to some other court has been rejected.

The petitioner had filed a suit for ejectment and damages. In the said suit written statement etc. were filed and the evidence of the parties have also concluded and the matter was posted for final judgment on 31.5.2014. At this juncture, an allegation has been made that the counsel for the respondent was seen talking to the Presiding Officer  and was seen going in and coming out from the chamber of the Presiding Officer and as such an apprehension has been put forth that the Presiding Officer will be biased against the petitioner and , therefore, the aforesaid application was moved for transferring the case to some other court. The District Judge has rejected the application, hence this writ petition.

Mere allegation that the counsel for the respondent was seen talking to Presiding Officer itself cannot be any reason for apprehension of any bias specially at the stage when the entire proceeding has concluded  and a date was fixed for final judgment. Obviously, such an application was made only to delay the proceedings without any basis and the District Judge has rightly rejected the same.

There is no merit in the writ petition and it is accordingly dismissed.

Order Date :- 25.9.2014

VPC