REFERENCE MADE Vs. S.K.DASH

JUDGEMENT

(1.) In a civil suit No. 9 of 1988 titled as Derki v. State of H.P. pending in the Court of the Senior Sub-Judge, Bilaspur, an application was made on behalf of the State of Himachal Pradesh through the District Collector, Bilaspur, before the Additional District Judge, Bilaspur, under Sections 24 and 151 Code of Civil Procedure The prayer made was that the suit be transferred to another Court for disposal. The application was made on 18th February, 1991, under the signatures of Shri S.K. Dash, the then District Collector, Bilaspur.

(2.) The Senior Sub-Judge had passed an order on 8th February, 1991 in the suit when two of the witnesses summoned for that date were not found present before the Court. These wintesses were the Chief Secretary to the Government of Himachal Pradesh and the Financial Commissioner-cum-Secretary (Revenue). The learned Senior Sub Judge directed that they be summoned through bailable warrants. He also directed issue of notice to them to show cause why fine, as provided under Rule 12 of Order XVI Code of Civil Procedure be not imposed upon them for not appearing in the Court even after due service of the summons.

(3.) In the transfer application it was averred that the order aforesaid appeared to have been passed with some ulterior motive and that from the said order it appeared that there was some extraneous consideration which had affected the mind of the Senior Sub Judge in passing the order.