SAURABH PRAKASH Vs. SAMIR PRAKASH

JUDGEMENT

(1.) Vide order dated 29.10.2003, the prayer made by the defendant that the undersigned should consider recusing himself from the case, was declined for reasons to follow. Now I proceed to give reasons.

(2.) Defendant, appearing in person on 23.10.2003, submitted that the undersigned should consider recusing himself from the case. He stated that he has gathered an impression that the Court is of the view that the defendant was wasting the time of the Court and his submissions were being treated with contempt and disdain. He felt that the plaintiff and others present in Court were mocking at him. Defendant submitted that the order sheets disclose a certain bias inasmuch as when the defendant wanted an adjournment for inspection of the file, the order sheets give an impression that the defendant had been given enough time to inspect the file. The Court has also appointed an amicus curiae on the question whether the allegations of the defendant in filing an application for another Hon'ble Judge of this Court to recuse himself, constituted contempt or not? This was hanging as a sword of Democeles on him.

(3.) Before proceeding to consider the above submissions, it would be relevant to briefly notice the proceedings that have taken place so far in this suit.