TAJMAL Vs. CHANDMAL

JUDGEMENT

(1.) THIS petition has been moved under Section 24, C. P. C. for the transfer of Civil Original Suit No. 27/89 Chandmal v. Tejmal & others pending in the Court of the Additional District Judge, Bhilwara on the ground that the petitioners apprehend that they would not get a fair trial from the Presiding Officer.

(2.) IT is stated in the petition under consideration that the plaintiff-non-petitioner Chandmal has filed the suit on March 31, 1982 against the defendant-petitioners for accounts, dissolution of partnership, partitioner& possession in the Court of the District Judge, Bhilwara. Subsequently, the suit was transferred to the Court of the Additional District Judge, Bhilwaara. The petition further discloses that no written-statement has so far beenfiled, several applications have been moved in the case, twice the suit proceeded exparte against the defendants and the ex-parte orders were set aside. Para No. 8 of the transfer petition runs as under: - "8. That after 13. 12. 88 the case was fixed for 17. 12. 88. The advocate and one of the defendants were present in Court. The plaintiff and his advocate were not present. The Court said on enquiry that the case would be taken up at 4 P. M. The defendant was then made to sit outside the court room. The plaintiff's advocate had not come to court on that date but he resides at a short distance from the court. IT appears that plaintiff's advocate was called from his house and he came at 3. 45 P. M. and went to the Presiding Officer and talked to him for 2 minutes and went away. The defendant who saw all this told this to his advocate just then. His advocate Shri Chandra Singh again came to court at 3. 55 P. M. but he was told that the case had been adjourned and plaintiff's advocate had' taken the date. " From these facts and circumstances, the petitioners apprehend that they would not get a fair trial from the Additional District Judge, Bhilwara.