RESIDENTS OF DONIPAWA Vs. PRESIDENT MUNICIPAL COUNCIL

JUDGEMENT

(1.) This is a petition under Section 24 of the Code of Civil Procedure, praying for transfer of Civil 1st Miscellaneous Appeal pending before the Court of Principal District Judge, Anantnag, to the Court of Additional District Judge, Anantnag or any other court of competent jurisdiction. Reason for transfer, as projected in paragraph 6(b) of the transfer petition, is reproduced here-under:

(2.) This ground is not at all relevant for purposes of seeking transfer of a case in terms of Section 24 of the Code of Civil Procedure. If the counsel has any hesitation in appearing before a particular court, the cases cannot be permitted to be transferred from court to court based upon his convenience and the parties certainly cannot be permitted or encouraged in making such type of transfer petitions. Transfer of a case from a particular court, on the face of it, has the tendency of creating an aspersion on the capacity of the Presiding Officer, either as regards his competence or his fairness.

(3.) A similar issue has been dealt with by this Court in Dr. Samreen Siraj Bala v. Dr. Showkat Ahmad Shah (C.T.A. No. 03/2014), decided on 25.2.2014 and it has been held as under:-