R.K.Gulati - (1.) -This is a transfer application under section 24 of the Code of Civil Procedure with a prayer that Mise Appeal No 176 of 1987, Bharat Bhushan Singh Negi and others v. S. C Bhatnagar and others, pending in the Court of 3rd Additionl District Judge, Dehradun, be transferred to some other court in the adjoining district
(2.) IT appears that the applicant and opposite parties no. 5 and 5 filed Original Suit No 636 of 1987 before the Civil Judge, Dehradun against opposite parties No. 3, 6 and 15 for an injunction restraining them from acting as office bearers of the Managing Committee of Nanhi Duniya Badhir Vidyalaya Societv and from interferring with the management and running of the said institution By an order dated 2G-U-1987 the Civil Judge, Dehradun granted a temporary injunction under Order 39, rule 1 of the Code of Civil Procedure. As againt that order, the defendant-opposite parties preferred an appeal under Order 43, Rule 1 CPC before the District Judge, Dehradun. Which was numbered as Misc. Appeal No. V6 of 1987. The District Judge, transferred the Appeal for disposal to the Special Judge, Dehradun, within a week thereafter one of the opposite parties made an application for transfer of the case to any other Court. As the learned Judge to whom the appeal had been assigned, was to proceed on leave and considering the urgency in the matter, the District Judge, by his order dated 24-12-1987 transferred the appeal to the Court of 1st Additional District Judge, Dehradun with the following orders :- "......The matter of stay appears to be of urgency, and both the parties' counsel have stated that the matter be taken up in vacations. The appeal be fixed for hearing on 6-l-1988 Since Sri Mehrotra will be on recess on that date, this appeal is transferred to the Court of 1st Additional District Judge, for immediate disposal including the stay matter. Until then the parties are directed .to maintain status-quo". For about six months, it appears, the appeal remained pending with the 1st Additional District Judge, Dehradun, when it was again transferred by the District Judge to the Court of 3rd Additional District Judge, Dehradun. The grounds on which the transfer is being sought, are that as the subject matter of dispute in the appeal pertains to an important institution, the local adminstration/local legislature are not only taking sides with the contesting opposite parties, but are also exerting their influence with the Presiding Officers of the Court at Dehradun as a result whereof, the Presiding Officers of the Court at Dehradun as a result whereof, the Presiding Officers are relucant to proceed with the appeal. It is also asserted that hearing of the appeal had always been adjourned on one pretext or the other resulting in prolonged delay in its disposal whereas the controversy involved in the appeal is small. The applicant apprehends that the Presiding Officers might be compelled to yield to the influence and, therefore, it is desirable that hearing of the appeal be transferred outside the district of Dehradun to ensure impartial and fair decision. During the course of the argument, learned counsel for the applicant reiterated the grounds on which the transfer application was filed. To substantiate the case taken up by the applicant, the learned counsel invited me to an order dated 15-7-1988 passed by the 3rd Additional Distrit Judge, Dehradun which is referred in paragraph 11 of the transfer application. By that order the Presiding Officer directed that a latter of request be sent to the District Judge. Dehradun to transfer the Misc. Appeal to some other Court as far personal reason he did not want to decide that appeal.
(3.) HAVING carefully considered the arguments advanced on behalf of the applicant and the grounds on which the transfer is sought for, in my opinion, there exists no good ground for transfer of the case It may be observed that by an order dated 2-2-'989 when this application was admitted for hearing the Registry of this Court was directed to send a copy of this application together with its affidavit to the District Judge, Dehradun and 3rd Additional District Judge, Dehradun. who have also been arrayed as Respondent No. 1 and 2 in this application, for their comments. The cements received from them have been taken on record. The learned District Judge has given his para wise comments explaining the circumstances and the contingencies under which the appeal had to be transferred from the Court of Special Judge to the Court of 1st Additional District Judge, and thereafter, to the court of 3rd Additional District Judge. Dehradun. The transfers were effected for administrative exigencies and cogent reasons. As regards the letter of the 3rd Additional District Judge, expressing his desire for transfer of the appeal to another court, the District judge has pointed out that the matter was discussed with the officer concerned and he found that there existed no good ground for transfer of the appeal and the officer was advised to hear the appeal and decide it expeditiously. The 3rd Additional District Judge, Dehradun has also pointed out in his comments that the appeal could not be decided not because of his reluctance to proceed with the appeal but because of the adjournments sought by the parties to the appeal. It has been pointed out that between 2-8-1988 to 23-12-1988 the applicant applied for adjournment for as many as nine times and the opposite parties too sought adjournments for three times, during that period. In the comments received from the District Judge, Dehradun as well as. 3rd Additional District, Judge, Dehradun. existence of any pressure or influence has been categorically denied and the assertions made by the applicant in the transfer application have been described as baseless and without any foundation The 3rd Additional District Judge, has also stated that he has no objection to proceed with the herring of the appeal.;