Punjab-Haryana High Court
Aayush Munjal And Another vs Ashima Munjal And Others on 17 April, 2023
Neutral Citation No:=2023:PHHC:053155
2023:PHHC:053155
CR-2260-2023(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CR-2260-2023(O&M)
Date of decision:-17.4.2023
Aayush Munjal and another
...Petitioners
Versus
Ashima Munjal and others
...Respondents
CORAM: HON'BLE MR.JUSTICE H.S.MADAAN
Present: Mr.Akshay Bhan, Sr.Advocate with
Mr.Aayush Gupta, Advocate
for the petitioners.
****
H.S. MADAAN, J.
1. Under challenge in this revision petition is the order dated
1.4.2023 passed by District Judge, Ludhiana vide which he had accepted
an application brought by applicant - Ashima Munjal for transfer of civil
suit filed by her against Mahesh Chander Munjal and others pending in
the Court of Ms.Ambika Sharma, Civil Judge (Jr.Divn.), Ludhiana , in the
process transferring the case in question to the Court of Sh.Shaminder Pal
Singh, Civil Judge (Jr.Divn.), Ludhiana.
2. Briefly stated, facts of the case are that applicant/plaintiff
Ashima Munjal had sought transfer of the civil suit alleging that opposite
party was openly declaring that they had ensured that no order was passed
in favour of the applicant/plaintiff and further the trial Court had been
granting frequent adjournments for arguments, in that way, the plaintiff
has lost confidence in the trial Court.
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3. On being put to notice of this application, defendants No.2 &
3 and defendants No.1, 5 to 7 had appeared through counsel and contested
the application contending that the purpose of filing of the application was
to overawe the Court and it was an attempt of bench hunting. The
allegations in the application were controverted vehemently and rejection
of the prayer for the transfer of the case was sought for.
4. After hearing arguments, learned District Judge, Ludhiana
vide the impugned order had allowed the application. For ready reference,
the operative para No.6 of the order is being reproduced as under:
6. Although, there is nothing on record to substantiate the
allegations leveled by the applicant in the transfer application, yet
in order to maintain faith of litigants and to allay the apprehension
of the applicant, the transfer application is allowed and the above
mentioned civil suit is hereby withdrawn from the Court of
Ms.Ambika Sharma, Ld. CJJD, Ludhiana and is transferred to the
Court of Sh. Shaminder Pal Singh, Ld. CJJD, Ludhiana, for its
disposal in accordance with law, where the parties are directed to
appear on the date already fixed. Copy of this order be sent to the
Courts concerned for compliance. File be consigned to the record
room.
5. Such order left the defendants No.2 and 3 aggrieved and they
have approached this Court by way of filing the present revision petition
praying that the impugned order passed by District Judge, Ludhiana be set
aside and transfer application be dismissed.
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6. I have heard learned counsel for the petitioners besides going
through the record and I find that there is absolutely no merit in the
revision petition.
7. It is to be taken note of that though in the transfer application,
the applicant had levelled certain allegations against the conduct and
working of the Presiding Officer but then learned District Judge had
obtained her comments also, wherein she had denied the allegations
though submitted that she had no objection, if the case was transferred
from her Court. Learned District Judge, Ludhiana was very much clear in
observing that there was nothing on record to substantiate the allegations
levelled by the applicant in the transfer application, therefore, no stigma
has been cast on the work and conduct of the Presiding Officer. However,
learned District Judge, Ludhiana found it proper and appropriate to
transfer the case to another Court of competent jurisdiction to allay the
apprehension of applicant, though the same could be unfounded and
without any basis. There is no reason for defendants/revision petitioners to
feel aggrieved by this order. There is nothing on record to show that
Sh.Shaminder Pal Singh, Civil Judge (Jr.Divn.), Ludhiana to whose Court
the case has been transferred has got any prejudice or grudge against the
revision petitioners/defendants, which may come in the way of dispensing
justice to the parties.
8. With regard to the judgments i.e. Kulwinder Kaur alias
Kulwinder Versus Kandi Friends Education Trust and others, (2008) 3
Supreme Court Cases 659 and Anupam Ghosh and another Versus Faiz
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Mohammed and others, Transfer Petition(C) Nos.2331-2334 of 2021 by
the Apex Court, referred to by learned counsel for the petitioners, the
same are not applicable to the present case due to different facts and
circumstances of the case and the context in which such observations had
been made.
9. The impugned order passed by the District Judge, Ludhiana
is quite detailed and well reasoned and it does not suffer from any
illegality or infirmity and is not having any element of arbitrariness or
perversity. The revisional jurisdiction of this Court is quite limited and
considering the facts and circumstances of the case, there is no reason to
interfere with the impugned order by way of exercising the revisional
jurisdiction.
10. Finding no merit in the revision petition, the same stands
dismissed.
Since the main revision petition has been dismissed, the
miscellaneous application(s), if any, stand disposed of accordingly.
17.4.2023 (H.S.MADAAN)
Brij JUDGE
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
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