ABHIJIT BANERJEE Vs. PRADIP KR DUTTA

JUDGEMENT

(1.) The defendant/petitioner has filed the instant application under Section 24 of the Civil Procedure Code for transferring the suit being Title Suit No. 18 of 2006 from the Court of the learned Civil Judge, Senior Division, 2nd Court at Barasat to any other Court on the ground of biasness of the Presiding Officer of the learned Trial Court.

(2.) The petitioner referred to various interlocutory orders passed by the learned Trial Judge from time to time in the suit, to project the biased attitude of the Presiding Officer against the petitioner. Of course, in course of hearing of this application, Mr. Chakraborty representing the petitioner tried to impress upon this Court that apart from the ground of biasness which is made out in the said application as a ground for such transfer, complicated question of law involving public interest is involved in the said suit and as such, justice will be sub-served if the suit is transferred to the High Court itself for its trial.

(3.) Before entering into the respective submission of the parties made in course of hearing of this application, this Court feels that the little background of the suit, is required to be put on record for proper appraisal of the grounds for which such transfer was prayed for.