RENU JAIN Vs. PREETI AGRAWAL

JUDGEMENT

(1.) THE revision is filed under Section 115 of CPC by the plaintiff against an order, dated 3-7-2003, passed by learned District Judge, Indore in Case no. 77 of 2003, whereby her application for transfer of suit made under Section 24 of CPC to the learned District Judge is rejected.

(2.) PETITIONER's suit in which she is a defendant and which is filed by respondent is pending before VII th Additional District Judge, Indore being civil Suit No. 7-A of 2001. It is this suit, the petitioner wants it to be transferred to some other Court. The transfer is sought because according to petitioner the learned Trial Judge trying the suit has not been conducting the trial fairly. According to petitioner (who is defendant in the suit) the learned Judge has at times obstructed in her depositions and/or has taken up a case in the absence of her lawyer, and/or has made certain comments befitting to the dignity of the court and which were totally uncalled for, it is these incidents which has resulted in a scene in the mind of petitioner that she may not be able to get justice in the trial, if allowed to continue in the Court of VII th Additional district Judge (presided over by Mr. Mudgal ). This issue was then probed by the District Judge on his administrative side while deciding the application under Section 24 of CPC. Comments were called and by impugned order the learned District Judge rejected the application made by the petitioner under section 24 of CPC. It was held that no case whatsoever has been made out for transfer of the case.

(3.) LEARNED Counsel for the petitioner made vehement attack with reference to manner in which the case of the petitioner was dealt with by the learned Judge and contended that her suit should have been transferred to some other Court. I heard the submissions, its implication and worth. I am afraid that the grounds sought to be urged in support of application for transfer are not factually and legally sustainable. As a consequence, the revision fails and is dismissed.