Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 1887 of 2018 Petitioner :- Rakesh Kumar Respondent :- Amba Prasad Counsel for Petitioner :- Darwari Lal
Hon'ble Manoj Kumar Gupta,J.
By impugned order dated 16.2.2018, the District Judge, Bareilly has rejected the transfer application filed by the petitioner under Section 24 CPC, for transfer of the proceedings of Original Suit No. 818/2011, from the Court of Civil Judge (Sr. Div), Court No. 4, Bareilly, to some other Court of competent jurisdiction.
The transfer was sought on the ground that on 27.4.017, the trial Court fixed 28.11.2017, as the date for cross-examination of the petitioner, but later on the said date was changed to 27.11.2017. The petitioner was passing through the Court premises on 27.11.2017, when he found the opposite party sitting in front of the Court. On equiry, he came to know that the date has been altered. This has caused a reasonable apprehension in the mind of the petitioner that the Court is not acting bonafidely, and he would not get justice.
It is recorded in the impugned order that comments were invited from the Presiding Officer and he stated in his comments that the date initially recorded was changed to 27.11.2017, but the said fact was also in the knowledge of the petitioner, and it is for the said reason that he was present in the Court on that date. The Presiding Officer has denied having acted in a mala fide manner or having any interest in the lis.
The District Judge has found that the allegations levelled are not worthy of reliance. He has also noted in the order that suit is pending since the year 2011, and the petitioner, who is plaintiff therein, has been delaying the proceedings of the suit. His cross- examination is yet to be recorded. Consequently, the transfer application has been rejected.
Counsel for the petitioner submitted that the matter be transferred to some other Court, as the petitioner apprehends that he will not get justice from the Court, where the matter is pending.
After going through the findings recorded in the impugned order, this Court does not find any illegality therein. The proceedings could not be transferred on mere apprehension.
The petition lacks merit and is dismissed.
(Manoj Kumar Gupta, J.) Order Date :- 28.3.2018 AM/-