S C BHATNAGAR Vs. DISTRICT JUDGE DEHRADUN

JUDGEMENT

(1.) -This is a transfer application under section 24 of the Code of Civil Procedure with a prayer that Mise Appeal No 176 of 1987, Bharat Bhushan Singh Negi and others v. S. C Bhatnagar and others, pending in the Court of 3rd Additionl District Judge, Dehradun, be transferred to some other court in the adjoining district

(2.) IT appears that the applicant and opposite parties no. 5 and 5 filed Original Suit No 636 of 1987 before the Civil Judge, Dehradun against opposite parties No. 3, 6 and 15 for an injunction restraining them from acting as office bearers of the Managing Committee of Nanhi Duniya Badhir Vidyalaya Societv and from interferring with the management and running of the said institution By an order dated 2G-U-1987 the Civil Judge, Dehradun granted a temporary injunction under Order 39, rule 1 of the Code of Civil Procedure. As againt that order, the defendant-opposite parties preferred an appeal under Order 43, Rule 1 CPC before the District Judge, Dehradun. Which was numbered as Misc. Appeal No. V6 of 1987. The District Judge, transferred the Appeal for disposal to the Special Judge, Dehradun, within a week thereafter one of the opposite parties made an application for transfer of the case to any other Court. As the learned Judge to whom the appeal had been assigned, was to proceed on leave and considering the urgency in the matter, the District Judge, by his order dated 24-12-1987 transferred the appeal to the Court of 1st Additional District Judge, Dehradun with the following orders :-

(3.) HAVING carefully considered the arguments advanced on behalf of the applicant and the grounds on which the transfer is sought for, in my opinion, there exists no good ground for transfer of the case It may be observed that by an order dated 2-2-'989 when this application was admitted for hearing the Registry of this Court was directed to send a copy of this application together with its affidavit to the District Judge, Dehradun and 3rd Additional District Judge, Dehradun. who have also been arrayed as Respondent No. 1 and 2 in this application, for their comments. The cements received from them have been taken on record. The learned District Judge has given his para wise comments explaining the circumstances and the contingencies under which the appeal had to be transferred from the Court of Special Judge to the Court of 1st Additional District Judge, and thereafter, to the court of 3rd Additional District Judge. Dehradun. The transfers were effected for administrative exigencies and cogent reasons. As regards the letter of the 3rd Additional District Judge, expressing his desire for transfer of the appeal to another court, the District judge has pointed out that the matter was discussed with the officer concerned and he found that there existed no good ground for transfer of the appeal and the officer was advised to hear the appeal and decide it expeditiously.