LAWS(TRIP)-2014-7-78

HARATI KALAI (DEBBARMA), W/O LT SUKUMANI DEBBARMA; JAYANTA KALAI, S/O MANRAI KALAI; BIRENDRA KALAI Vs. MANGALESWARI DEBBARMA; NANDA GOPAL ROY(SAHA) ALIAS ABU; SUKDEB DATTA, S/O NALINI RANJAN DATTA; NATIONAL INSURANCE COMPANY LTD ; NANDA GOPAL ROY(SAHA) ALIAS ABU, S/O PRAFULLYA ROY(SAHA)

Decided On July 25, 2014
Harati Kalai (Debbarma), W/O Lt Sukumani Debbarma; Jayanta Kalai, S/O Manrai Kalai; Birendra Kalai Appellant
V/S
Mangaleswari Debbarma; Nanda Gopal Roy(Saha) Alias Abu; Sukdeb Datta, S/O Nalini Ranjan Datta; National Insurance Company Ltd ; Nanda Gopal Roy(Saha) Alias Abu, S/O Prafullya Roy(Saha) Respondents

JUDGEMENT

(1.) When these matters were taken up for hearing, it was brought to my notice that the claimants have filed applications under section 24 read with section 151 of the Code of Civil Procedure (CPC) praying for transfer of the aforesaid cases to any other Judge of this High Court.

(2.) At the outset, I may note that section 24 does not apply to transfer of cases from one Bench of the High Court to another and basically by means of these applications purportedly filed on behalf of the claimants, they have sought that I should recuse from hearing the matters and list them before some other Judge of this Court. These applications are not signed by counsel for the parties but have been signed by the claimants. The relevant portion of the applications read as follows:-

(3.) The short issue is whether I should choose the easy path of recusing from the case or should I abide by the oath which every Judge takes on assuming office whereby he swears to discharge his duties duly and faithfully, to the best of his knowledge and judgment and perform his duties of office without fear or favour, affection or ill will while upholding the Constitution and the laws.