SB. CIVIL REVISION PETITION NO.281/2008- Sahab Ram vs. Nemi Chand Order dt: 16/2/2009 1/3

SB. CIVIL REVISION PETITION NO.281/2008

(Sahab Ram vs. Nemi Chand)

DATE OF ORDER : 16/2/2009

HON'BLE DR.JUSTICE VINEET KOTHARI

Mr.Narendra Singh, for the petitioner.

Mr.M.S.Purohit, for the respondent.

This revision petition is directed against the order dated 11/9/2008 passed by learned District Judge, Bikaner transferring the proceedings of suit no.58/95 from the Court of ADJ No.2, Bikaner at the request of plaintiff. The plaintiff had filed said application merely on the ground that in the suit pending since 1995 since cost of Rs.2500/- was imposed on the plaintiff for not producing his evidence and the matter was kept for final disposal on the next date i.e. 15/5/2008 itself, therefore, the plaintiff expressed in the transfer application that he has apprehension of bias in the Presiding Officer in the said matter. By the impugned order the learned District Judge accepted the transfer application and transferred the proceedings of the suit to his own court.

Having perused the order dated 11/9/2008 and after hearing learned counsels, this Court expresses its serious concern over the SB. CIVIL REVISION PETITION NO.281/2008- Sahab Ram vs. Nemi Chand Order dt: 16/2/2009 2/3

matter and the ground on which the transfer application of the plaintiff was allowed by the learned District Judge, Bikaner. Merely because the cost was imposed by the learned trial court on failure of plaintiff to produce his evidence and asked the parties concerned to argue the case for final disposal, either of the party is not entitled to express lack of faith in the Presiding Officer of that Court. If for such flimsy grounds the proceedings were to be transferred from one Court to another that would cause serious damage to the Institution itself. On the other hand learned District Judge ought to have dismissed such transfer application with heavy cost.

In view of the above, this Court is satisfied that the transfer application filed by the plaintiff before the court below did not require any interference at the instance of learned District Judge, Bikaner. Consequently, this revision petition is allowed and order dated 11/9/2008 is set aside and proceedings of suit no. 58/95 are restored to the same court of learned ADJ No.2, Bikaner and he is expected to decide the suit expeditiously.

(DR.VINEET KOTHARI), J.

SB. CIVIL REVISION PETITION NO.281/2008- Sahab Ram vs. Nemi Chand Order dt: 16/2/2009 3/3

item no.19

baweja/-