SYED ABDUL KHADER Vs. K O VERGHESE

JUDGEMENT

(1.) The plaintiff in the Court below has questioned the correctness and the legality of the order passed in Misc. Petition. No. 43/2009 dated 02.01.2010 by the Principal District Judge, Hassan.

(2.) The facts in nutshell are as follows:

(3.) After allowing these two applications in order to establish his defence, the defendant is said to have tendered evidence of one Sn. B. Parameshwara, Advocate as DW.2 and said Advocate was examined. It was staled by the petitioner-plaintiff that certain questions were put to DW.2. Advocate and the Court below did not: record those questions which were put: to the Advocate and as such plaintiff presumed that he would not be able to get. justice at the hands of the Civil Judge (Sr.Dn.), Sakaleshapura and this apprehension in his mind made him to move a petition under Section 24 of Civil Procedure Code before the Principal District and Sessions Judge. Hassan in Misc. Petition. No. 43/2009 seeking for transfer of case from Sakaleshapura to any other court in Hassan. The said petition was resisted by the respondent-defendant by filing a detail statement of objections denying the petition averments.