MANHARBALA JERAM DAMODAR Vs. PRABHUDAS DAMODAR KOTECHA

JUDGEMENT

(1.) ADMIT. By consent of the parties heard forthwith.

(2.) THE petitioners herein have approached this Court to impugn the decision of the Principal Judge of the Small Causes Court, Bombay, dated 24th November, 2000 whereby on a notice taken out by the respondents, the suit was transferred from Court Room No. 4 to Court Room No. 2 on the ground of impartiality of one of the Judge constituting the Appellate Bench of that Court. The notice was taken out on behalf of the respondents pleading bias on the part of one of the Judges constituting the Bench. In fact it seems earlier another notice had been taken out for transferring the Appeal from Court Room No. 3 to any other Court for the same reason, as they very Judge against whom allegations of bias are raised was also a part of the Bench presiding over Court Room No. 3. On behalf of the petitioners learned Counsel states that another Revision Application has been preferred against the said order which is pending. Be that as it may, that issue will not stand in the way of deciding the matter. The question involved in the present Revision Application is "whether the Principal Judge of the Small Causes Court has powers to transfer a matter allotted to another Judge of the same Court on an application by a party contending bias on the part of the Judge. "

(3.) CONSIDERING these aspects in my opinion the facts need not be gone into as the issue which will arise is whether the Principal Judge has powers under the provisions of the Presidency Small Causes Court Act, 1882 or whether such a power is conferred on the District Court and/or on the High Court under section 24 of the Code of Civil Procedure.