VIRENDRA BHUSHAN Vs. RAJENDRA KUMAR VERMA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner.

(2.) THIS revision, in fact transfer petition, has been filed by the defendant in the Civil Original Case No. 70/98 seeking transfer of above case from the Court of Additional Civil Judge No. 3, Jodhpur to any other Court.

(3.) THERE may be some unfortunate events in the Court during the course of the proceedings and that may be because of the reason of development of reasons like the case was got adjourned by the counsels of any of the party again and again and ultimately situation may go beyond the control of a very cool and calm judicial officer, then there may be reaction of the court as well as from the side of the advocates. But, that by itself cannot be a ground for transferring the case from one Court to another Court. This Court has full faith in the bar as well as in the presiding officers of the Courts that these types of some incidents will not affect the merit of any case and after not only a day or two days, but within few minutes only, the matter will cool down in the Court. This is common knowledge that whenever time is sought by one advocate, because of his personal reason then that is not on false ground. Normally other advocate will not oppose the adjournment when adjournment is sought by advocate due to his personal reason. This is because of the reason that one advocate is in better position to know the real problem of the other advocate who is seeking adjournment bona fidely then, in that situation, the Court can believe the bar and may adjourn the case. Despite this fact that the Court is often blamed by others, not conversant with the working in Courts, the Court proceedings are running smoothly barring a few incidents, without any cuzzles between the bar and the Bench and because of this reason the disposal of case in Indian Courts is highest in the world. This Court can say that the litigants are not put to loss because of this adjustment, otherwise the consequence can be only multiplication of the court proceedings by passing adverse order resulting in appeals or revisions or review, writs against those orders and reversal of those orders of the subordinate Courts and again start of the case from the stage from where the order was passed by the Subordinate Court, because of unnecessary adamancy. In this case, the petitioner had to submit transfer petition before the District Judge, then notices were given to non-petitioner plaintiff and thereafter petition before High Court. All above could have been avoided by understanding the true reason for reaction of the Court by the learned counsel as well as by the Court about the reaction of the learned counsel. The learned advocates are to be shock absorber in between litigant and the court and have equally important duty as of Court Officer and should feel rest assured that in such situation, no Court will harm the litigant.