ASHOK KUMAR Vs. VISHWAMITTER

JUDGEMENT

(1.) The petitioner moved an application for transfer of his case on the allegation that about ten days back, an amount of Rs.1,50,000/- had been demanded by Sandeep Sharma, Reader and he was threatened that in case the amount was not paid, the case will be decided against him. It was further alleged that the Judge was very eager to decide the case so as to swallow this amount. No opportunity was granted to the petitioner to file an appeal against the order dated 9.10.2009. Vide the impugned order dated 7.11.2009, the application was dismissed. Hence, the present revision petition under Article 227 of the Constitution of India.

(2.) Learned District Judge in para Nos. 2 to 4 of the impugned order has observed as under:- "œ2. Petitioner/plaintiff Ashok has filed a suit for possession by way of partition on 18.8.2006. That suit was contested and some interim relief was granted. Appeal against that interim relief was filed and that appeal was got disposed of by the parties by taking an observation on 30.10.2008 that the suit be disposed of by 30.1.2009. The learned trial Court has then made efforts to dispose of the matter in the stipulated period and after giving seven opportunities, the evidence was closed by the plaintiff himself on 3.1.2009. The defendant then closed the evidence on 28.2.2009 and the suit was fixed for 12.3.2009 for rebuttal evidence, if any and arguments.

(3.) In the meanwhile, the petitioner/plaintiff filed a civil miscellaneous revision in the Hon'ble High Court challenging the order dated 3.1.2009. When the fact of closing of evidence by the plaintiff himself by making a statement was brought to the notice of the Hon'ble High Court, the revision was dismissed as withdrawn.