AMAR NATH Vs. KRISHNI DEVI

JUDGEMENT

(1.) This petition has been preferred against impugned order dated 29th January, 2020 passed by learned District Judge, Hamirpur in Transfer Application Registration No. 2 of 2020, titled Amar Nath vs. Krishni Devi and others, whereby application, preferred by petitioner under Section 24 CPC for transfer of his case titled Amar Nath vs. Krishni Devi and others (Reg. No. 1810/2019 Filing No. 2530) from Civil Judge, Court No.3, to any other Court, has been dismissed.

(2.) Plea taken by petitioner for transferring the case is that Presiding Officer of the trial Court is not neutral but biased and is annoyed with petitioner and therefore, petitioner has strong reason to suspect that petitioner would not get justice from the said Presiding Officer. The reason for apprehension of petitioner, as also reflected in impugned order, is also for that on one date, learned counsel representing the petitioner was not present in the Court and then petitioner was asked to argue the matter and was threatened that adverse order would be passed against him.

(3.) As evident from impugned order, after receiving the application seeking transfer of case pending before Court No.3 Hamirpur, learned District Judge has called the comments of Presiding Officer and in response thereto Presiding Officer of the trial Court has denied the fact that he was annoyed with petitioner and further that petitioner had appeared before him in person as his Advocate was out of station and on that day, his prayer was considered and allowed and adjournment was granted.