LAWS(ALL)-2015-7-345

TRIPURARI CHAUBEY Vs. ADDITIONAL DISTRICT JUDGE COURT NO

Decided On July 22, 2015
Tripurari Chaubey Appellant
V/S
Additional District Judge Court No Respondents

JUDGEMENT

(1.) This petition under Art. 227 of the Constitution, has been filed challenging the order dated 7.7.2015 passed by District Judge, Ballia by which transfer application no. 162 of 2015 filed by the petitioner has been rejected. A further relief has been sought by the petitioner for a direction to the first respondent before whom, civil appeal no. 44 of 1998 is pending, not to proceed with the hearing thereof and for transfer of the appeal to some other court.

(2.) The brief facts of the case are that the petitioner being aggrieved by the judgment and decree dated 6.9.2014 passed by the first respondent in civil appeal no. 44 of 1998, preferred the second appeal no. 1483 of 2014 before this Court. The second appeal was allowed by judgment dated 4.2.2015, as this Court was of the opinion that the judgment rendered by the lower appellate court does not comply with the requirements of Order 41, Rule 31 CPC. The judgment of the lower appellate court dated 6.9.2014 was set aside and direction was issued to the lower appellate court to decide the appeal afresh within a period of three months from the date of production of certified copy of the order. In pursuance of the remand order, the proceedings in the appeal were resumed before the first respondent. At this juncture, the petitioner filed an application for transfer of the proceedings to some other court with the allegation that the first respondent having already expressed its opinion, while deciding the appeal by judgment dated 6.9.2014 is prejudiced against the petitioner and also that the petitioner had heard the second respondent saying to the neighbours that the appeal is going to be decided in his favour and thus, the appeal be transferred to some other court.

(3.) The learned District Judge called for the comment from the presiding officer. The presiding officer stated that the appeal is being heard in pursuance of the directions given by this Court by its judgment dated 4.2.2015. The hearing in the appeal has to be completed within three months, as directed by this Court. He further stated that he has no objection to transfer of the appeal to some other court.