LAWS(ORI)-2004-11-39

KALI PRASAD DAS Vs. PATRA SINGH

Decided On November 08, 2004
Kali Prasad Das Appellant
V/S
Patra Singh Respondents

JUDGEMENT

(1.) THIS is an application under Section 24 of the Code of Civil Procedure with a prayer to transfer M.S. No. 119 of 2002 pending in the Court of the Civil Judge(SD), Bhubaneswar to the Court of Civil Judge (SD), Cuttack.

(2.) THE petitioner as plaintiff has filed the aforesaid suit. His grievance is three -fold, viz., (1) the presiding officer of the Court has passed several orders contrary to the provisions of the Code of Civil Procedure by which his rights are affected; (2) the presiding officer is granting adjournments to the defendants liberally, thereby causing unsurmountable hardship to him; and (3) the Bench Clerk of the Court being gained over by the defendants is exhibiting step -motherly attitude towards him.

(3.) ON perusal of the averments made in the Writ Petition, it appears that the allegations made by the plaintiff -petitioner are imaginary and/or based on suspicion or capricious belief. Such idea based on surmises and conjectures cannot be equated with reasonable apprehension. On such grounds alone the petition filed by the plaintiff -petitioner for transfer of the suit cannot be entertained. In the case of Bennett Coleman and Co. Ltd. & ors v. Sri Janaki Ballav Patnaik and another, 1987 (I) OLR 244, this Court observed :