CHANDRAKALA BAI SHARMA Vs. VIJAY SINGH

JUDGEMENT

(1.) THE petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution to assail the orders dated 1.11.2012 (Annexure P-1) and 5.11.2012 (Annexure P/1-A).

(2.) PETITIONER preferred an application (Annexure P/2) under section 151 CPC before the court below wherein it is stated that Case No. 26-A/ 2012 is transferred to the trial court from the court of Second Civil Judge Class-1 Shri Vikash Bhatele. It is stated in the application that three Advocates of defendants have cross-examined the witnesses because of which attitude of the plaintiff was seen by the Court of Shri Bhatele aforesaid and, therefore, remaining cross-examination should also be done before the said Court. This application was rejected by trial court by order dated 1.11.2012 on the ground that the matter is pending since 1977 and various Presiding Officers have dealt with the matter in different stages. Therefore, it cannot be ordered that the remaining proceedings should also be done before the same Court of Shri Bhatele. On the same date petitioner preferred another application on same subject which has been rejected. The petitioner then preferred an application under section 24 of CPC before the learned District Judge who, in turn, rejected it by order dated 5.11.2012. The learned District Judge stated that the matter is transferred on administrative reason to a court having equally competent jurisdiction and reasons assigned in the application for transfer are not convincing.

(3.) I have heard learned senior counsel and perused the record.