- (1.) The instant application under section 24 of the Code of Civil Procedure for transfer of Civil Appeal No. 54 of 2007 from the Court of Additional District Judge, Vth, Pratapgarh to some other competent Court, on the ground that the petitioner has seen his adversary opposite party No. 3 talking with learned Presiding Judge before whom the litigation is pending and he has moved transfer application before the learned District Judge who rejected the same. Heard learned Counsel for parties and perused the records.
(2.) Learned Counsel for opposite party No. 3 has also put in appearance who straightway submitted that this is fifth transfer application moved by the petitioner who is making allegations against all the Judges wherever the case is pending with a oblique motive to get the disposal delayed. This fact was not denied by learned Counsel for the petitioner. The allegations as contained in the affidavit is, if treated to be true does not warrant transfer of the case in exercise of powers conferred upon this Court under section 24 of the Code of Civil Procedure. At no stage the petitioner has expressed any apprehension of injustice. The discretion to transfer the case from one Court to another is based upon expediency to meet the ends of justice. The paramount consideration must be to see that justice according to law is done; if for achieving that objective of transfer the case is imperative, there should be no hesitation to transfer the case even it is likely to cause some inconvenience to the other party. It is one of such cases like Rameshwari Devi and others v. Nirmala Devi, 2011 114 RevDec 284, in which the Hon'ble Apex Court has held: We are clearly of the view that unless we ensure that wrong-doers are denied profit or undue benefit from the frivolous litigation, it would be difficult to control frivolous and uncalled for litigations. In order to curb uncalled for and frivolous litigation, the Courts have to ensure that there is no incentive or motive for uncalled for litigation. It is a matter of common experience that Court's otherwise scarce and valuable time is consumed or more appropriately wasted in a large number of uncalled for cases. With these observations the application under section 24 of the Code of Civil Procedure is dismissed.;