[1] Heard Mr.Thakore, learned Senior Advocate with Mr.Manav Mehta, for the petitioner.
[2] By way of this petition, challenge is to the order dated 16.05.2012 passed by the learned Principal District Judge, Rajkot, which is passed on administrative side, whereby the Special Civil Suit No.186 of 2010 pending in the Court of learned 14th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Rajkot is transferred to the Court of learned 11th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Rajkot for disposal according to law and on merits. Said order is stated to have been passed after taking into consideration Confidential letter dated 11.05.2011 of learned 14th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Rajkot from whose Court case is transferred.
[3] Learned Senior Advocate appearing for the petitioner has pointed out that the arguments were heard, judgment was even part dictated and was kept for pronouncement of judgment. Since Vacation was there, both sides had given purshis that they do not have any objection if judgment is pronounced in Vacation. At that stage, order is passed which is not only without any provisions under the Code of Civil Procedure but it is against settled position of law.
[4] Learned Senior Advocate for the petitioner relied on the judgment in the case of Arjun Singh v/s. Mohindra Kumar and Ors. reported in AIR 1964 SC 993. Learned Senior advocate for the petitioner has also relied on the judgment in the case of Sultan Saleh Bin Omer v/s Vijayachand Sirimal reported in AIR 1966 AP 295. Learned Senior advocate for the petitioner has submitted that there is no provision under the law under which the matter can be transferred by the learned Principal District Judge from one Judge to another Judge, after the matter was reserved for judgment and exercise of powers by him even on administrative side is wholly unjust and illegal.
[5] In my view, discretion exercised by the learned Principal District Judge on administrative side, that too by referring to the Confidential Letter of the Judge from whose Court the matter is transferred, does not call for any interference. The petition is not entertained and same is dismissed. However, it is observed that it is open to the petitioner to move the High Court on administrative side, if he so desires.
(PARESH UPADHYAY, J.) satish Top