LAWS(P&H)-2004-9-57

PARAMJIT SINGH Vs. BALRAJ SINGH

Decided On September 30, 2004
PARAMJIT SINGH Appellant
V/S
BALRAJ SINGH Respondents

JUDGEMENT

(1.) THIS petition filed under Section 24 of the Code of Civil Procedure, 1908 prays for transfer of civil suit filed by respondent No. 1 against the petitioner which is pending consideration before the Court of Civil Judge (Sr. Division), Amritsar (the court presided over by Mrs. Preeti Sahni). According to the allegations levelled, the Presiding Officer has preponed the date of hearing and has asked the counsel for the petitioner to argue the application for interim order. The reason disclosed in the application for the aforementioned course of action is that another judicial officer, namely, Smt. Harpreet Kaur Randhawa who is posted as Chief Judicial Magistrate, Amritsar and is wife of Sh. M.S. Randhawa, Additional District and Sessions Judge, Amritsar has influenced the proceedings because they are related to the Bhabhi of plaintiff-respondent No. 1 i.e. brother's wife of Balraj Singh.

(2.) ON the last date of hearing, when the matter came up for consideration, somehow the impression created was that the matter was pending before Smt. Hardeep Kaur Randhawa, Civil Judge (Sr. Division), Amritsar and the following order was passed :

(3.) MR . Jaswal, learned counsel for the petitioner has chosen to argue that the manner of proceedings as conducted by the Civil Judge, Mrs. Preeti Sahni suggests that there is influence suggests exerted by Smt. Harpreet Kaur Randhawa, Chief Judicial Magistrate, Amritsar or Mr. M.S. Randhawa, Additional District Judge and/or Sessions Judge, Amritsar. According to the learned counsel the non-acceptance of reply by the Civil Judge and her interest in the case shows that the petitioner would not be able to get justice and the suit be transferred to some other Court.