RAJWANT SINGH Vs. TEJWANT SINGH

JUDGEMENT

(1.) The respondent herein has instituted a civil suit being Civil Suit No.54/1 of 2013 against the petitioner herein. The aforesaid civil suit is pending in the Court of the learned Civil Judge (Sr. Division) Kinnaur at Rekcong Peo. The petitioner herein/defendant before the learned trial Court has through this petition sought for transfer of Civil Suit No. 54/1 of 2013 alongwith CMP No. 34/06 of 2013 titled as Tejwant Singh vs. Rajwant Singh pending in the Court of learned Civil Judge (Sr. Division), Kinnaur at Rekcong Peo to the Court of any learned Civil Judge stationed at Shimla. The ground on which the transfer of the aforesaid lis is asked for from this Court by the petitioner herein is constituted in the factum of the plaintiff respondent herein being an influential political personality of the area besides his maintaining a close acquaintance with all the Advocates practicing at Reckong Peo, who while being under his influence are either not extantly affording adequate legal services to him or have refused to afford any legal assistance to the petitioner herein in the civil suit, for facilitating his efficaciously defending the suit filed against him by the plaintiff/respondent herein, hence enfeebling his contest. The allegations constituted in the application stand denied by the respondent by filing a detailed reply to it. The imminent fact which upsurges from a perusal of the records, is of the instant petition having been filed before this Court by the petitioner herein through his General Power of Attorney, a practicing lawyer at Shimla. The petitioner herein had come to be proceeded against ex-parte for his non appearance before the learned trial Court on the date designated for his appearance before it, in the summons served upon him. In the application instituted by the petitioner herein before the learned trial Court under Order 9 Rule 7 CP.C. for setting aside the order by which he was proceeded against ex-parte, the grounds which stand portrayed therein in explanation for the non appearance of the defendant/petitioner herein before the learned trial Court on the date he was so enjoined to in the summons served upon him, are manifestly spurred by his inability to reach the premises of the learned trial Court in time on the apposite day. The application for setting aside the order by which the petitioner herein was proceeded against ex-parte was filed by Shri Amar Chand Negi, Advocate. The factum of the defendant-petitioner herein being defended by Amar Chand Negi is manifested by a perusal of the Zimini orders. The counsel for the petitioner herein has with force contended before this Court that Amar Chand Negi, Advocate is not efficaciously defending him in the civil suit arising from the fact of his not responding to his telephonic calls. The counsel for the petitioner herein during the course of his addressing arguments before this Court has not cast any aspersion upon the professional competence of Shri Amar Chand Negi, Advocate. As a corollary even if Mr. A.C.Negi, Advocate arising from his aforesaid omission is purportedly rendering inadequate legal assistance to the petitioner herein it would not compel this Court to order for the transfer of the lis inter se the petitioner herein and the respondent herein from the Court of learned Civil Judge (Sr. Division), Kinnaur at Rekong Peo to the Court of any learned Civil Judge stationed at Shimla, especially when even if Mr. A.C.Negi is found to be unsuitable to defend the defendant, it is always open to the petitioner herein to engage counsel other than him available at Recokong Peo. Though the counsel for the petitioner has contended that all the legal practitioners other than Mr. A.C.Negi, Advocate, practicing at Reckong Peo have refused to accept the brief of the petitioner herein, hence leaving him in a quandary to disengage Mr. A.C.Negi. However, the aforesaid submission does not find favour with this Court. The reason for discountenancing the aforesaid submission of the learned counsel for the petitioner herein arises from the factum of there being no averment with specificity qua the counsel at Reckong Peo who were approached by the defendant/petitioner herein and who refused to accept the brief of the defendant/petitioner.

(2.) In sequel, the aforesaid ground of the petitioner herein being disabled to project an efficacious defence in the lis pending inter se him and the respondent herein before the Court of Civil Judge, (Senior Division), Kinnaur at Recong Peo and its facilitating a conclusion from this Court that to empower the petitioner herein to efficaciously defend his cause in the Civil Suit, it warrants its transfer from the Court of Civil Judge (Senior Division) Kinnaur at Recong Peo to the Court of a Civil Judge stationed at Shimla, is found unsustainable. Even if the counsel for the petitioner herein contended that the weight and size of the political personality of the respondent would stand in the way of the Court wherein the lis inter se the petitioner and the respondent herein is pending, dispassionately adjudicating the lis pending before it yet the aforesaid ground holds no consequence with this Court to hence infer that the lis pending before the Court of learned Civil Judge (Sr. Division), Kinnaur at Reckong Peo warrants its transfer therefrom to the Court of any Civil Judge stationed at Shimla, as acceptance of the aforesaid submission would tantamount to a vindication of the inherent fact ingrained in the aforesaid submission, of Courts of law in Himachal Pradesh working under political influence.

(3.) Accordingly, there is no merit in the petition. The same is dismissed. All pending applications stand disposed of accordingly.