Residents of Donipawa v. President Municipal Council Anantnag
2013-04-02
DHIRAJ SINGH THAKUR
body2013
DigiLaw.ai
1. This is a petition under Section 24 of the Code of Civil Procedure, praying for transfer of Civil 1st Miscellaneous Appeal pending before the Court of Principal District Judge, Anantnag, to the Court of Additional District Judge, Anantnag or any other court of competent jurisdiction. 2. Reason for transfer, as projected in paragraph 6(b) of the transfer petition, is reproduced here-under: "That the counsel for the petitioners is not feeling homely in the court of Principal District Judge, Anantnag. The petitioners/applicants counsel time and again being requested by the petitioners on every date to attend their case who hesitates for the reasons mentioned hereinabove therefore on this ground alone the case titled above deserves to be withdrawn from the files of Principal District Judge, Anantnag, and to be transferred to the Court of Additional District Judge, Anantnag." 3. This ground is not at all relevant for purposes of seeking transfer of a case in terms of Section 24 of the Code of Civil Procedure. If the counsel has any hesitation in appearing before a particular court, the cases cannot be permitted to be transferred from court to court based upon his convenience and the parties certainly cannot be permitted or encouraged in making such type of transfer petitions. Transfer of a case from a particular court, on the face of it, has the tendency of creating an aspersion on the capacity of the Presiding Officer, either as regards his competence or his fairness. 4. A similar issue has been dealt with by this Court in Dr. Samreen Siraj Bala v. Dr. Showkat Ahmad Shah (C.T.A. No. 03/2014), decided on 25.2.2014 and it has been held as under:- "...Power of transfer as envisaged under Section 24 of the Civil Procedure Code is in fact discretionary in nature and is to be exercised only when the party has reasonable apprehension that justice would be denied to him/her. Mere suspicion, however, does not constitute a good ground nor is a substitute for reasonable apprehension..." Seeking transfer of a case by itself has serious consequences; firstly doubts are created regarding capacity of a Judge either to act fairly on account of bias or his competence to administer justice in accordance with law.
Mere suspicion, however, does not constitute a good ground nor is a substitute for reasonable apprehension..." Seeking transfer of a case by itself has serious consequences; firstly doubts are created regarding capacity of a Judge either to act fairly on account of bias or his competence to administer justice in accordance with law. If a particular Judge is biased, there should be sufficient material on record to support a reasonable apprehension in the mind of a litigant that he/she would not get fair adjudication on merits. Casual attempts for seeking transfer of a case, do more damage to the reputation of a Judge and affect his morale which in turn will affect the entire justice delivery mechanism." 5. Yet another ground has been taken to justify transfer of the case from the court of Principal District Judge, Anantnag, and that is attributed to the heavy workload in his Court, this ground, it appears as a second line of defence, has been urged only with a view to, somehow, carve out a ground for transfer while the real intention being the reluctance on the part of the counsel to appear in the said court on account of his not getting a homely feeling in the court of learned Principal District Judge, Anantnag. 6. For the reasons mentioned hereinabove, the petition is found to be without merit and is, accordingly, dismissed along with connected CMP.