S.P.PANDEY, j. - (1.) THIS is a transfer application moved on behalf of Dharampal Singh, with the prayer to transfer the first Appeal No. 107 of 1998-99, Dharampal Singh v. Krishna Kumar and others, pending before the Court of the Additional Commissioner (Judicial), Moradabad Division, Moradabad to the Court of the Additional Commissioner (Administration), Moradabad Division, Moradabad, on account of the apprehension in the mind of the applicant for not getting justice from the Court, concerned. Parawise comments were called for from the Court, concerned, which are on the record. As per the aforesaid comments, the Court, concerned has no objection if the case is transferred to some other Court, denying the allegations levelled against it.
(2.) I have heard the learned Counsel for the parties and have also perused the papers, on file. For the applicant, it was contended that in view of the facts, narrated in the affidavit, the Court concerned seems to be prejudiced; that the applicant has no faith in the Court concerned to get justice from the said Court and as such, the case should be transferred to some other Court. Denying the allegations levelled in the affidavit, the learned Counsel for the opposite party urged that since the applicant has failed to adduce any evidence in support of his claim, this transfer application has no force and deserves to be dismissed outright as such practice should always be dis-couraged. I have closely and carefully examined the submissions, made before me by the learned Counsel for the parties and the relevant papers on file. It is true that no evidence or proof has been filed in support of the allegations, levelled against the Court, concerned, by the applicant, in the affidavit. In its parawise comments, the Court concerned has vehemently denied the allegations, and has no objection if the case is transferred to some other Court. Although I am not inclined to accept the allegations, levelled against the Court concerned but, at the same time, the basic principle remains that justice should not only be done but it should seem to have been done. To my mind, in order to promote the ends of substantive natural justice and to facilitate its course, it would be just and proper if the case in question is transferred to some other Court.
(3.) CONSEQUENTLY , this transfer application is allowed and the first appeal No. 107 of 1998-99, Dharampal Singh v. Krishna Kumar and others, is hereby, transferred from the Court of the Additional Commissioner (Judicial), Moradabad Division, Moradabad to the Court of the Additional Commissioner (Administration), Moradabad Division, Moradabad for disposal, on merits, according to law. Parties are directed to appear before the said Court on 14-8-2001. Application allowed.;