JUDGMENT S.K. Mukerjee, J. - This transfer application has been filed by Ram Lagan and Ram Lakhan praying for transfer of Civil Appeal No. 671 of 1980 - Jamuna v. Ram Lagan and others., pending in the court of Sri S. L. Adarsh, 1st Addl. District Judge, Azamgarh to some other court of competent jurisdiction in the same district. 2. It appears that suit No 315 of 1978 was filed by Jamuna opposite party No. 1 against the applicants and this suit was dismissed by Munsif Haveli, Azamgarh. Thereafter the plaintiff Jamuna filed Appeal No. 671 of 1980 and this appeal ultimately came up for hearing before Sri S. L. Adarsh, 1st Addl. District Judge, Azamgarh. It is also alleged in the affidavit in support of the transfer application that the appeal was fixed for final hearing on 27th September, 1985. When the case was taken up for hearing at about 3. p. m. the applicant Ram Lagan went to bring his counsel Sri Maulavi Mohammad Shafi Saheb who sent his junior to seek an adjournment. The junior Sri Shan Sahtb, Advocate, came to the court of 1st Addl. District Judge. Azamgarh around 3.15 p. m. for seeking adjournment and found that the presiding officer had already heard counsel for the appellant and told Sri Shafi Saheb above named that the learned Counsel for the appellant and might advance argument on 30th September, 1985. 3. The main ground for seeking transfer is that Sri Sita, real brother of the plaintiff appellant Jamuna has been doing parvis of the case and that he was openly saying that he has won the appeal together with the fact that Sri Adarsh had heard counsel for the appellant behind the back of the defendant. On the above facts the applicant state that there is a reasonable apprehension in the mind of the applicants that they will not get justice at the hands of Sri S. L. Adarsh, with the above allegations a transfer application was moved before the District Judge, Azamgarh by the applicants which was rejected by him on 28th September, 1985 : Hence this transfer application. 4. It will not be out of place to mention that in paragraphs 13 and 14 of the affidavit illustrations have been given where transfer applications from the court of Sri Adarsh were allowed.
4. It will not be out of place to mention that in paragraphs 13 and 14 of the affidavit illustrations have been given where transfer applications from the court of Sri Adarsh were allowed. In paragraph 15 it has been also said that order on the said transfer applications would go to throw light on the reputation of Sri S. L. Adarsh. It will be relevant to mention that none of the allegations in paragraphs 13, 14 or 15 of the affidavit were made before the learned District Judge in the transfer application moved before him. It will be proper to mention that the allegations in paragraphs 13, Hand 15 of the affidavit are not in good taste and are absolutely irrelevant for the purpose of the present application. In case the applicants wanted to rely on such allegations they ought to have taken such grounds in the transfer application before the court below. 5. Regarding reasonable apprehension the applicants have made allegations in paragraph 11 of affidavit which runs as under : " Sri Sita, the real brother of the plaintiff-appellant, Jamuna, has been doing the pairvi of the case. The fact that he was openly saying that he had won the appeal, together with the fact that Sri Adarsh had heard the counsel for the appellant behind the back of the defendants, given rise to a reasonable apprehension in the mind of the applicants that they will not get justice at the hands of Shri S. L. Adarsh, 1st Addl. District Judge, Azamgarh who appeared to have made up his mind preoccupied." 6. It is true that transfer application is not a matter of right but if from the reasonable date given in the application it can be inferred that the applicants had some reasonable apprehension from the said court then it may be necessary, in the interest of justice, to transfer the case. Mere apprehension is not enough. The facts alleged by the applicants have to be seen objectively before the court comes to the conclusion that the applicants have any bona fide reasonable apprehension. In the present case the brother of the plaintiff appellant was saying something, at best, against Sri S. L. Adarsh and spreading the rumour that he was going to in the case. But that itself is not enough to raise any apprehension against the court.
In the present case the brother of the plaintiff appellant was saying something, at best, against Sri S. L. Adarsh and spreading the rumour that he was going to in the case. But that itself is not enough to raise any apprehension against the court. There is absolutely no specific allegation against Sri S. L. Adarsh which may create any reasonable apprehension in the mind of the applicants. It appears that the appellant had argued his case and when the learned Counsel for the applicants appeared before Sri Adarsh he immediately permitted him to argue on 30th September, 1985. This gesture or conduct of Sri Adarsh cannot certainly give any reasonable apprehension in the mind of any litigant. On the contrary he accommodated the learned Counsel for the applicants. 7. In view of the above facts and circumstances, I am of the opinion that no good ground is made out and this transfer application is devoid of merit and is dismissed accordingly.