RIAZ AHMED Vs. HABEEB UR REHMAN

JUDGEMENT

(1.) This revision challenges the order of a learned Subordinate Judge 1st Class, Delhi, dated 6-10-1965 dismissing the petitioner Riaz Ahmed's application for review of an earlier order of the learned Subordinate Judge dated 29-7-1965.

(2.) The controversy out of which the impugned order of the learned Subordinate Judge and the present revision have arisen may briefly be stated. The petitioner Riaz Ahmad instituted a suit for dissolution of partnership and rendition of accounts against Habeeb-ur-Rehman in June, 1962. A preliminary decree was granted in March, 1963 and Miss Surinder Bhatia, Advocate, was appointed Local Commissioner for going into the accounts of partnership. She was directed to submit her report on 1-6-1963. Thereafter an application was made by Riaz Ahmed for withdrawing the suit, but this application was disallowed in September, 1963. In November, 1963, Riaz Ahmad Jnade another application for withdrawing the suit, but this application was also disallowed. On 13-1-1964, an application was made by Riaz Ahmad to withdraw the papers from Miss Surinder Bhatia and to appoint someone else as Local Commissioner. This application was disallowed by the Court on 1-4-1965 because the Court found nothing wrong with the proceedings before the Local Commissioner. It is common case of the parties that as Miss Surinder Bhatia had to proceed to the United Kingdom before finalising her report, Shri Brijinder Singh Narang, Advocate, was appointed Local Commissioner. It appears that Riaz Ahmad also applied to the District Judge for transfer of the case from the Court of the learned Subordinate Judge because I find an explanation by the learned Subordinate Judge dated 10-5-1965 to the averments made in the transfer application and also a copy of the order of the learned District Judge dated 9-6-1965 dismissing the transfer application as infructuous because Shri Mohinder Singh Subordinate Judge had already been transferred. It is also stated by both sides at the Bar that Habeeb-ur-Rehman, originally a defendant sometime later got himself transposed as a plaintiff because the original plaintiff Riaz Ahmad was not keen on proceeding with the case.

(3.) An application was again made by Riaz Ahmed for appointment of another Local Commissioner after removing Shri Brijinder Singh Narang. This application was disallowed by the learned Subordinate Judge on 29-7-1965 as he found no suffrient ground for acceding to the prayer. It was also observed in the order as follows: