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2013 DIGILAW 486 (MP)

Angoori Devi v. Rajendra Sharma

2013-04-09

ANIL SHARMA

body2013
JUDGMENT : Heard. 2. This revision petition has been filed by the petitioner under Section 115 of CPC challenging the order dated 22-02-2013 passed by learned District Judge, Gwalior in M.C.C.No.127/2012 by which the application filed under Section 24 of CPC for transfer of Civil Suit No.39-A/2011 pending in the Court of learned Second Additional District Judge, Gwalior has been rejected. 3. The aforesaid suit has been filed by respondent No.1 for specific performance of contract and cancellation of sale deed executed in favour of petitioner/defendant No.2. The transfer application has been filed on the ground that learned trial Court has rejected the several applications filed by the defendant under different provisions of CPC, therefore, he is having apprehension that the petitioner will not get justice from the trial Court. It is further alleged that respondent No.1 had been seen talking with the presiding officer in his chamber. 4. Learned District Judge, Gwalior has rejected the application of transfer on the ground that although the orders passed by learned trial Court have been affirmed by the Higher Court and the Presiding Officer has denied the allegation of meeting with any party of the suit, therefore, there is no irregularity or illegality in the impugned order which is requiring any interference under the revisional jurisdiction of this Court. 5. Learned counsel for the petitioner submitted that since the petitioner has filed an application for transfer of the case therefore, he is having apprehension that he may not get justice looking to the allegation made against the Presiding Officer. It is expected from a judicial office that he will do justice according to law. Further the order of the trial Court is appealable therefore, it cannot be said that a Judge will intentionally pass the order against the party which will not be sustainable before the Higher Court. 6. Considering the aforesaid facts and circumstances of the case, I do not find any merit in the present revision petition hence it is hereby dismissed being bereft of merits.