ANIL SOOD Vs. RAJINDER KUMAR SOOD & ANOTHER

JUDGEMENT

(1.) Order under challenge Annexure P-5 has been passed by learned District Judge, Kangra at Dharamshala in an application filed under Section 24 of the Code of Civil Procedure in Civil Suit No. 282 of 2012, registered as CTA No.09-P/2016, for transfer of Civil Suit from the Court of Senior Civil Judge, Palampur to the Court of Senior Civil Judge, Dharamshala on the grounds inter alia that the respondent herein (plaintiff in the trial Court) is an Advocate by profession and practicing at Palampur and it is for this reason the lawyers practicing at Palampur are not coming forward to appear on behalf of the petitioner and proforma respondent, defendants in the trial Court. Learned trial Court has dismissed the application as in its opinion the same was filed with malafide intention.

(2.) The perusal of impugned order reveals that not only Civil Suit No. 282 of 2012 is pending disposal against the petitioner-defendant, but three more cases between the parties are also pending disposal in the Court of learned Senior Civil Judge, Palampur. Learned District Judge has noted in the impugned order that no application for transfer of those cases was filed. The intention of the petitioner defendant is stated to be not bonafide as had it been so, the application for transfer of the remaining cases should have also been filed. The names of the Advocates, who appeared on behalf of the petitioner-defendant has also been noted in the impugned order.

(3.) On having gone through the record and also taking into consideration the rival submissions, this Court is not in agreement with the findings recorded by learned Court below while dismissing the application vide impugned order for the reason that when the respondent-plaintiff is a practicing lawyer at Palampur, the possibility of the members of Bar may not be willing to appear against him and defend the petitioner-defendant in the pending suit filed by their fellow Bar members cannot be ruled out. It is well settled that justice should not only be done but appears to have been done. Therefore, when the petitioner-defendant has apprehension of being not defended in the suit properly in view of the respondent-plaintiff is a member of Palampur Bar Association, the above said legal principle is likely to be violated in case the suit is not transferred from Palampur. As regards three remaining civil suits, admittedly, the defendants have filed applications qua transfer thereof also to Dharamshala. The said applications are pending disposal before learned District Judge Kangra at Dharamshala. Being so, the impugned order is not legally sustainable and the same is accordingly quashed. Consequently, this petition is allowed and Civil Suit No. 282 of 2012, titled Rajinder Kumar Sood vs. Vanita Sood and Another is ordered to be transferred from the Court of Senior Civil Judge, Palampur to the Court of Senior Civil Judge, Kangra at Dharamshala for disposal, in accordance with law. The parties through learned counsel representing them are directed to appear before the transferee Court on 19.2.2018. Learned Senior Civil Judge, Palampur to transfer the record of the case to the Court of learned Senior Civil Judge, Kangra at Dharamshala well before the date fixed. The petition is accordingly disposed of, so also the pending application(s), if any.