SAKTI PROSAD GANGULY Vs. ASHOK GANGULY

JUDGEMENT

(1.) This is an application under Section 24 of the Code of Civil Procedure, seeking transfer of Title Suit No. 28 of 2005, now pending before the learned Civil Judge (Senior Division), 1st Court, Krishnagar to the court of learned District Judge at Aplipor, South 24- Parganas or any other court subordinate to High Court.

(2.) The case, as made out in support of the prayer for transfer, is that a suit for partition was instituted in the year 2005. Due to non-appearance of the defendants, the suit was disposed of ex-parte on 23.06.2008, recording a preliminary decree in the partition suit. Four years after the recording of preliminary decree, learned advocate commissioner was appointed on 22.03.2012 by the learned court below. In course of conducting the commission work, learned pleader commissioner, alleged to be a friend of opposite party No. 2 (a practising advocate), detected that defendant No.4 had already expired requiring substitution therefor, without which the commission work could not be completed.

(3.) The petitioner seeking transfer is the younger brother of opposite party No. 2, who is practising advocate of Krishnagar court, having high repute with good relationship with his colleagues, practising in the self same court. The wife of the opposite party No. 2 is also practising advocate. It is alleged that both opposite party No. 2 and his wife are highly influential, and not only the pleader commissioner is the friend of O.P. No. 2, but also the advocate being engaged by the petitioner in the court below is not out of the influence of his brother/opposite party No.2. It is further alleged that opposite party No.2 and his wife together are constantly watching over the conduct of this case, so that there can be more delay in obtaining the ultimate desired relief of petitioner. In view of such high reputation of his brother (opposite party No.2) having a good practice in Krishnagar court, the petitioner is highly apprehensive that he may not get proper justice from the court, where the present case is pending, and as such proposed for transfer of the case to the court of learned Additional District Judge, Alipore or to any subordinate to High Court.