BINA DAS Vs. KAKDWIP COURT BAR ASSOCIATION

JUDGEMENT

(1.) This is an application under Sec. 24 of the Code of Civil Procedure, 1908 arising out of Clause 13 of the Letters Patent, 1865 for transfer of Title Suit No. 167 of 2019 from the Court of the learned Civil Judge, (Senior Division) at Kakdwip, South 24 Parganas to this Hon'ble Court or to any other Court in West Bengal.

(2.) The petitioner is a practising advocate at Kakdwip Sub-Divisional Civil and Criminal Court at 24 Parganas (South) and she became the member of the Kakdwip Bar Association on or about 2000 and since then she is practising therein. The petitioner had undergone a forty (40) hours Mediation Training under the West Bengal Judicial Academy during the period from 25/6/2019 to 29/6/2019. Petitioner alleged as she had undergone the abovementioned training, the Bar Association of Kakdwip Court, represented by its Secretary, being the defendant no.2 herein, issued a show cause notice and thereafter, the petitioner's Bar Association membership was terminated, though petitioner gave reply to the respondents/defendants, in terms of the show cause notice. The petitioner alleged that she is restrained from using the facility of the Bar Association and even she is restrained from using the ladies washroom within the Court compound. Considering the situation, the petitioner filed a suit for a declaration that the meeting which was held on 26th June, 17th July and 22nd July in the year 2019 are void and ultra vires in law, which do not bind the present plaintiff in any manner, along with injunction and other reliefs.

(3.) Mr. Shiv Shankar Banerjee, learned counsel appearing on behalf of the petitioner, submits that the aforesaid Title Suit No. 167 of 2019 was filed on 28/8/2019 and on the same date, the petitioner also filed petition for ad interim injunction. The petitioner further submits that the opposite parties appeared in the said suit who are all members of Kakdwip Civil and Criminal Bar Association and they have signed as an advocate in the Vokalatnama and the only Advocate who did not sign the Vokalatnama is the husband of the present petitioner. Now the petitioner is not allowed to sit within the Court premises even outside the Bar Association. Petitioner is not even allowed to sit at the adjoining area of the clerks' earmarked place. Under the instruction of the advocates of Kakdwip Civil and Criminal Bar Association, petitioner is being denied by the typist of the said Court to type any document which belongs to the petitioner. Petitioner further submits that when the said suit was called on 28/8/2019 and 11/9/2019, the petitioner was not allowed to speak. Further more, the Bar Association moved a put up application on 6/9/2019 when also the petitioner could not speak a single word, as all the advocates of the Bar Association appeared and almost threatened petitioner with several consequences inside the court room.