JAYASREE Vs. RADHAMANI AMMA

JUDGEMENT

(1.) THIS is an application filed by the petitioner challenging the order of the learned District Judge, Kollam in O.P(T.P) 22/2007. The learned District Judge dismissed the transfer application on the ground that there was a direction from the High Court for expeditious disposal and therefore it is not within his discretion to transfer the suit to any other Court. Learned counsel for the writ petitioner submits that his party had been deprived of any opportunity to let in sufficient evidence and also was not granted permission to cross-examine the Commissioner and there was an insult from one of the counsel appearing for the defendants. These are all matters which cannot be considered as sufficient to transfer the case unless it is proved that the learned Munsiff is biased. Mere averment or allegations levelled against a presiding officer cannot be considered as evidence for the said purpose. I have gone through the entire files and that nothing would show that the Munsiff is acting in a partisan manner. The allegation levelled by the petitioner is against the counsel who cross-examined the Commissioner. It is true that there was no counsel for the petitioner at that time. So, taking into consideration the entire aspects and in the interest of justice it is necessary to grant an opportunity to the petitioner to recall the Commissioner and cross- examine her and that petitioner be permitted to appoint a counsel of her choice for the said purpose. Learned Munsiff shall also see that irrelevant questions and questions affecting the dignity of persons shall not be put which is quite unwarranted for a proper disposal of this case. Therefore the writ petition is disposed of as follows:-