GAUTAM SHARMA Vs. PARAMVIR SINGH

JUDGEMENT

(1.) THE suit titled Gautam Sharma v. Paramvir Singh and others has been pending in the Court of Shri S.S. Jossan, Civil Judge (Senior Division), Amritsar; It is the case of the petitioner that on 19.9.2013, none appeared on behalf of the respondents/defendants. At about 4.00 p.m., the Presiding Officer directed an official of the Court to call counsel for the respondents/defendants, who appeared and, thereafter, the case was adjourned to 20.9.2013. The case was being adjourned on day to day basis and Paramvir Singh (defendant No. 1) was to be cross -examined by the counsel for the petitioner, but Paramvir Singh requested the Court that he was to go abroad for vacation and long adjournment should be granted, that was, accordingly, granted. It was further requested by the counsel for the respondents/defendants that he would be available on or before 5.10.2013 and, as per his wish, the Presiding Officer granted number of adjournments to them up till 7.10.2013, on which date, defendant No. 1 appeared in the Court and the plaintiff was also present in the Court for whole of the day and informed the Court, from time to time, that his counsel was busy in some other Court, arguing in other cases, and he would be available to cross -examine the defendant No. 1. His counsel appeared in the Court at 3.15 p.m., but the Presiding Officer intentionally recorded the cross -examination of defendant No. 1 as 'Nil (opportunity granted)', that has caused serious prejudice to the petitioner (plaintiff). On 7.10.2013, the respondents/defendants furnished documents in the Court, that were objected to, which shows that his counsel was present in Court. It is, thus, made out that the Presiding Officer, in whose Court the suit of the petitioner is pending, is biased, and the respondents are proclaiming that the Presiding Officer was under their influence and they could do, whatever, they felt like. So, on these facts, the petitioner filed transfer application, in terms of Section 24 of the Code of Civil Procedure, before the District Judge, for transfer of the suit of the petitioner titled Gautam Sharma v. Paramvir Singh and others, pending in the Court of Shri S.S. Jossan, Civil Judge (Senior Division), Amritsar, to some other Court.

(2.) NOTICE of this application was given to the respondents, who opposed the application by filing written reply, thereto.

(3.) AFTER hearing both the sides, the District Judge, vide impugned order dated 28.10.2013 (Annexure P -4), dismissed the application of the petitioner.