ASHOK KUMAR Vs. NARENDRA KUMAR JAIN

JUDGEMENT

(1.) This is a transfer application by one Ashok Kumar Gupta seeking transfer of an eviction suit titled as Narender Kumar Jain v. Ashok Kumar Gupta pending in the Court of Shri Virender Singh, Senior Sub-Judge, Rohtak.

(2.) The petitioner seeks transfer inter alia on the grounds that the plaintiff Narender Kumar Jain, is working District and Sessions Judge in the State of Haryana presently posted at Sirsa and on account of judicial affinity, the plaintiff allegedly has been favoured by the Presiding Officer. The instance quoted is that the suit was filed on 19.1.1989, the next date for appearance of the opposite party was 2.2.1989 but on the report of the Process Server dated 3.1.1989, the petitioner who obviously is defendant in the case was proceeded against ex parte. The Process Server had reported that the defendant had refused to accept service and thereafter he had caused his service by affixation according to learned counsel for the petitioner, this is a most glaring instance where on a falling report, ex parte proceedings had been taken against the defendant, though application had been made by the petitioner to have those set aside.

(3.) The comments of the Presiding Officer have been called. He has reported that the suit was instituted, checked and registered on 19.1.1989. Notice was issued to the opposite party for 2.2.1989. Summons were given to the Process Server on 19.1.1989. The Process Server went to the spot on 31.1.1989 and his report, reference to which has been made above, had been made on 31.1.1989 but due to inadvertence he wrote the date of his report as 3.1.1989 instead of 31.1.1989. The Presiding Officer has reported that he had noted this accidental submission in the date when dealing with the application for the ex parte order dated February 2, 1989. The ex parte order was set aside on 7.3.1989, all the same.