SAIED AALAM Vs. RAJENDRA PRASAD AND ORS.

JUDGEMENT

(1.) THIS petition under Section 24 CPC has been filed by the petitioner seeking transfer of Civil Appeals No. 24/2011 and No. 26/2011 pending before the Court of Additional District Judge No. 2, Chittorgarh to any competent Court at Udaipur or Jodhpur.

(2.) THE petitioner in the petition has, inter alia, indicated that respondent No. 1 lodged a false FIR No. 790/1999 at P.S. Chittorgarh against petitioner and one Manak Lal and on 25.03.2000 filed a civil suit for specific performance of contract dated 17.12.1987 against the petitioner and subsequent purchaser Smt. Anusuya Devi, besides her husband Manak Lal; it is alleged that though in the statements recorded by the trial courts in both the criminal and civil matters, the respondent No. 1 could not withstand the cross -examination, the respondent No. 1 has been illegally favoured on account of his brother Ramesh Chandra Dashora, who is working in District Judgeship, Chittorgarh since long and was presently posted at Munsarim; it is also alleged that said Ramesh Chandra Dashora has threatened the petitioner that he would manage to send petitioner to jail unless he exceeds to execution of sale deed in favour of respondent No. 1.

(3.) LEARNED counsel for the petitioner made submissions in consonance with the averments contained in the application as noticed hereinbefore, however, when a specific query was put to the counsel that there does not appear to be any iota of allegation against any of the Presiding Officers of bias, learned counsel for the petitioner fairly submitted that though he does not have any apprehension qua the Presiding Officers, he legitimately fears that on account of influence of Ramesh Chandra Dashora, he may not get justice at Chittorgarh.