Meeta Agarwal D/O Shri Meenalal ... vs Hathroigari Grah Nirman Sehkari ...
2022 Latest Caselaw 2834 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            S.B. Civil Transfer Application No. 75/2022

Meeta Agarwal D/o Shri Meenalal Agarwal W/o Shri Manoj Kumar
Agarwal,
                                                         ----Petitioner-plaintiff
                                   Versus
Hathroigari Grah Nirman Sehkari Samiti, & ors.
                                           ----Respondent-Non-applicants

For Petitioner(s) : Mr. Sampat Lal Songara For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

04/04/2022

Learned counsel for petitioner submits that the petitioner-

plaintiff has lost faith in the Presiding Officer of the Court of

Additional District Judge No.9, Jaipur Metropolitan II, Jaipur

before, whom her civil suit No.56/2020 (464/2012) (26/2014)

titled as Meeta Agarwal Vs.Hathroigari Grah Nirman Sehkari

Samiti & Ors. is pending.

The petitioner moved a transfer application under Section 24

of Code of Civil Procedure before the District Judge, Jaipur

Metropolitan II, Jaipur but the same was dismissed vide order

dated 22.03.2022. Even the comments from the concerned

Presiding Officer of the Court of Additional District June No.9,

Jaipur Metropolitan II, Jaipur were not called.

Learned counsel for petitioner placed reliance on the

judgment of the Hon'ble Supreme Court in the case of Pushpa

Devi Saraf and another Vs. Jai Narain Parasrampuria and

others AIR 1992 Supreme Court 1133::1992 AIR SCW

(2 of 2) [CTA-75/2022]

1023. It has been observed in para 9 of the judgment, which

reads as under:-

9. We, however, feel that the learned Presiding Officer has been unduly affected by the allegations levelled against him, as would be evidence from his report. In this view of the matter, we are inclined to think that in the interest of the learned Presiding Officer himself, the suit may be sent to another court. We, accordingly, request the learned District Judge, Kanpur to transfer the said suit (Suit No.537 of 1984 on the file of VIIth Additional District Judge, Kanpur) to such other."

Although, this Court does not appreciate the allegations

levelled by the petitioner-plaintiff against the concerned Presiding

Officer and do not countenance such practice of seeking transfer

of cases of such allegations, however following the ratio decidendi

propounded by the Hon'ble Surpeme Court in the case of Pushap

Devi Saraf (Supra), this Court deems it just and proper to

summon the report from the concerned Presiding Officer of

Additional District June No.9, Jaipur Metropolitan II, Jaipur and his

opinion about transfer of this case from his Court to any other

Court.

Issue notice to all respondent-non-applicants.

Notice be issued in both modes. One to be sent by ordinary

process and another by registered post.

Registry is directed to send a copy of this order to the court

of Additional District June No.9, Jaipur Metropolitan II, Jaipur

where the present civil suit is pending to do the needful.

(SUDESH BANSAL),J

TN/70

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