DEBENDRA GOPE Vs. KOMLI DEVI

JUDGEMENT

(1.) THE petitioners are permitted to rectify defect No.1. As regards defect No.2, the transfer petition is treated as such.

(2.) HEARD counsel for the petitioner.

(3.) LEARNED counsel for the petitioner submitted that in any event, in view of the allegations made by the petitioners, they apprehend that they would not get justice from the Presiding Officer concerned in the Title Suit. I find it difficult to appreciate this apprehension. After all a Judicial Officer is expected to discharge his duties to the best of his ability without being influenced by extraneous considerations. I am sure that the Judicial Officer concerned would not in any manner be swayed by the fact that the petitioners had moved an application for transfer of the suit by making some wild allegations in support. A Judicial Officer is expected not to be influenced by such things. It appears to me that the transfer of the suit on such vague allegations should not normally be permitted. It is not open to litigant to choose his Judge to try his case. Therefore, unless there is substantive material in support of the allegation of this nature, it would not be proper to pass an order of transfer of a suit especially when the hearing has been concluded and the pronouncement of the judgment alone remains. I am, therefore, satisfied that this application should not be allowed. It is, accordingly, dismissed.