I GUPTA Vs. DISTRICT JUDGE DEHRADUN

JUDGEMENT

(1.) The petitioner has filed the present writ petition for mandamus directing the District Judge, Dehradun to withdraw the Original Suit No. 27 of 2001 from the Court of Civil Judge (Junior Division), Dehradun and transfer to Civil Judge (Senior Division), Dehradun or any other Court.

(2.) The prayer in the present writ petition cannot be granted as the prayer contains transfer of the suit from the Court of Civil Judge (Junior Division) to another Court. in fact prayer is for withdrawal of the suit pending before the Civil Judge (JD). Such prayer can only be made by transfer application under Section 24(a), C.P.C.

(3.) So far as prayer for expediting of the suit is concerned, the petitioner may file an application before the District Judge for issuing directions to expedite the case and the learned District Judge after considering the pendency of the cases and their year of institution will pass suitable order on it.