RAM LAGAN Vs. JAMUNA AND OTHERS

JUDGEMENT

(1.) This transfer application has been filed by Ram Lagan and Ram Lakhan praying for transfer of Civil Appeal No. 671 of 1980 - Jamuna Vs. Ram Lagan and others., pending in the court of Sri S. L. Adarsh, 1st Addl. District Judge, Azamgarh to some other court of competent jurisdiction in the same district.

(2.) It appears that suit No 315 of 1978 was filed by Jamuna opposite party No. 1 against the applicants and this suit was dismissed by Munsif Haveli, Azamgarh. Thereafter the plaintiff Jamuna filed Appeal No. 671 of 1980 and this appeal ultimately came up for hearing before Sri S. L. Adarsh, 1st Addl. District Judge, Azamgarh. It is also alleged in the affidavit in support of the transfer application that the appeal was fixed for final hearing on 27th Sept., 1985. When the case was taken up for hearing at about 3. p. m. the applicant Ram Lagan went to bring his counsel Sri Maulavi Mohammad Shafi Saheb who sent his junior to seek an adjournment. The junior Sri Shan Sahtb, Advocate, came to the court of 1st Addl. District Judge. Azamgarh around 3.15 p. m. for seeking adjournment and found that the presiding officer had already heard counsel for the appellant and told Sri Shafi Saheb above named that the learned Counsel for the appellant and might advance argument on 30th Sept., 1985.

(3.) The main ground for seeking transfer is that Sri Sita, real brother of the plaintiff appellant Jamuna has been doing parvis of the case and that he was openly saying that he has won the appeal together with the fact that Sri Adarsh had heard counsel for the appellant behind the back of the defendant. On the above facts the applicant state that there is a reasonable apprehension in the mind of the applicants that they will not get justice at the hands of Sri S. L. Adarsh, with the above allegations a transfer application was moved before the District Judge, Azamgarh by the applicants which was rejected by him on 28th Sept., 1985 : Hence this transfer application.