ALL INDIA GENERAL INSURANCE FIELD WORKERS ASSOCIATION AND OTHERS Vs. REGIONAL MANAGER, ORIENTAL INSURANCE CO. AND OTHERS

JUDGEMENT

(1.) This revision is directed against the order dated 9-12-1995 passed by learned Sub-Judge/Chief Judicial Magistrate Jammu in civil suit titled All India General Insurance Field Workers Association and others Vs. Regional Manager, Oriental Insurance Company and others. The order impugned reads:

(2.) The grievance projected by the petitioner is that prior to passing of the order impugned, an application for transfer of the suit came to be filed in the Court of District Judge, Jammu, wherein allegations were levelled that Mr. Subha Sharma happens to be the brother of the learned Presiding Officer, who according to the petitioners is the member of the All India General Insurance Field Workers Association. This fact has been denied by the respondents and it is brought on record that Mr. Shub Sharma is in fact a member of an organisation which is at daggers drawn with All India General Insurance Field Workers Association and in view of the fact that Mr. Shub Sharma was neither party to the case nor a member of All India Insurance Filed Workers Association, the learned District Judge, Jammu, rejected the transfer application on this count. Ld. District Judge had also observed that merely saying that the Presiding Officer is to be influenced by his brother in the proceedings is not sufficient to raise a finger at the credibility of the Presiding Officer or his impartiality.

(3.) In the above back-ground Mr. Johal argues that the observations made by learned Sub-Judge in the order impugned in this revision petition has caused mis-carriage of justice and that the order is not in accordance with law and the procedure Mr. Johal further argued vehemently that such practice followed by the learned Sub-Judge does not fall within the purview of judicial functions and the order as such calls for interference under the provisions of Sec. 115 of Civil P. C. by exercise of the revisional jurisdiction of this Court.