Saral Srivastava,J. - (1.) Heard learned counsel for the applicant.
(2.) The present transfer application has been filed by the defendant in Original Suit No. 689 of 2020 (Smt. Dimpal Kohali Vs. M/s Bold Leasing and Finance Pvt. Ltd.) pending before the court of Civil Judge (Sr. Division), Ghazibad. The transfer application has been filed on the ground that there is apprehension in the mind of the applicant that he may not get justice from the court of Civil Judge (Sr. Division), Ghazibad. The said apprehension is based upon the fact that in the aforesaid case, application under Order 7 Rule 11 CPC was filed by the applicant and the Civil Judge (Sr. Division), Ghazibad without hearing the application of the applicant under Order 7 Rule 11 CPC asked the defendant counsel not to evict the plaintiff from the property in question.
(3.) The further ground is that the application under Order 7 Rule 11 CPC was heard by the court of Civil Judge (Sr. Division), Ghazibad on 21.12.2020 and the case was fixed for hearing on application under Order 39 Rule 1 CPC on 22.12.2020. The counsel for the applicant when demanded the file of the case from the Reader of the court of Civil Judge (Sr. Division), Ghazibad to inspect the file, he denied the same stating that the file is with the Steno and 22.12.2020 is fixed. This conduct of Reader of the court created apprehension in the mind of applicant.;