Dr. Chakraverti Sandill vs Smt. Manju Jain And Ors.
2000 Latest Caselaw 958 Del

ORDER

KHAN, (J).

1. Petitioner is facing suit No. 204/97 for specific performance filed against him by respondents. The suit was decreed at one stage but was later remanded for expeditious retrial by this court and is now pending before Smt.Aruna Suresh, ADJ.

2. Petitioner wants its transfer from this because he entertains an apprehension that he would not get a fair deal there from. He alleges that Presiding officer had scolded his counsel and had summoned him from Bangalore to record admission/denial of documents which was otherwise not required and had proceeded on leave when he arrived from Bangalore to appear before the court. The plaintiff's counsel had also claimed that he was related to Justice J.D.Jain(Retd.).

3. Petitioner has failed in his first (sic) before Learned District Judge who has passed a detailed order, impugned herein, dealing with all allegations and contentions raised to dismiss his transfer application.

4. Sr.Counsel, Mr.Bansal appearing for petitioner argued that petitioner's apprehension by itself constituted a sufficient ground for transfer of the suit. He pointed that plaintiff her counsel and Presiding Officer were all Jains which had furnished basis for petitioner apprehension. He asserted that trial Judge was conducting her assment proceedings of sorts against petitioner.

5. L/C for Respondent, Mr. N.K.Jain on the other hand, pointed out that petitioner was in the habit of levelling baseless allegations against Presiding Officer to drag on proceedings and to defeat direction of this court for expeditious trial of the suit. He urged that Judicial Officers should not be allowed to express mud/slinging by litigating parties and their counsel.

6. I have examined the elaborate order passed by Learned District Judge dealing with all issues involved and I find no scope to interfere.

7. Petitioner's apprehension had no basis whatever and mere apprehension is not enough. It must have some rational basis or else litigating parties would feel free to take cases from one court to other according to their whim and choice.

8. It is distressing that petitioner's counsel should have brought in the caste factor to support his apprehension. If his logic was accepted it would be impossible for Judicial Officers to function. Though Learned Counsel withdrew his statement later but even so I don't find any good ground for transfer of suit from the trial court.

9. The petition is accordingly dismissed.