Badri Prasad vs Rama Shankar And Another
2023 Latest Caselaw 8673 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 
Case :- TRANSFER APPLICATION (CIVIL) No. - 45 of 2023
 

 
Applicant :- Badri Prasad
 
Opposite Party :- Rama Shankar And Another
 
Counsel for Applicant :- Shameem Jahan
 
Counsel for Opposite Party :- Gyanendra Mishra,Gyanendra Mishra
 

 
Hon'ble Saurabh Lavania,J.

Heard.

This is an application filed under Section 24 of C.P.C. for transfer of the Misc. Civil Case No.386 of 2022 (Badri Prasad vs. Rama Shankar And Another) which is pending before District Judge, Sultanpur to any other competent Court at Sultanpur.

The main ground(s) as appears from paras 7 to 10 of the affidavit filed in support of application seeking transfer of the case in issue are to the effect that the District Judge, Sultanpur is under influence of private respondents and the concerned by the order dated 25.01.2023 rejected the application filed under Section 24 of C.P.C. in illegal and arbitrary manner.

It is settled principal of law that merely suspicion by the party that he will not get justice would not justify transfer. There must be a reasonable apprehension to that effect. A judicial order made by a Judge legitimately cannot be made foundation for a transfer of case. Mere presumption of possible apprehension should not and ought not be the basis of transfer of any case from one case to another. It is only in very special circumstances, when such grounds are taken, the Court must find reasons exist to transfer a case, not otherwise. Reference can be made to the judgment dated 12.11.2014 passed in Transfer Application (Civil) No. 519 of 2014 (Amit Agarwal vs. Atul Gupta).

Considering the aforesaid in the light of settled principal of law on the issue, this Court is not inclined to interfere in the present matter.

Accordingly, present application is rejected.

Order Date :- 23.3.2023/Vinay/-