- (1.) Heard Sri A.P. Tewari, learned Counsel for the petitioner. By means of this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the order dated 26.8.2014 passed by the District Judge, Gorakhpur by which the petitioner's transfer application, for transferring the Small Causes Case No. 15 of 2008, M/s. Shivay Hotel v. Vikash Singh, from the Court of Judge, Small Causes Court to any other Court of the competent jurisdiction has been rejected.
(2.) Sri Tiwari submits that the learned District Judge has erred in rejecting the petitioner's application as once it was stated on oath that the tenant is the distant relative of the Judge, Small Cause Court, it was incumbent upon the learned District Judge to seek comment of the Judge concerned before whom the case was pending and only thereafter any order could be passed. In his submissions, once the suspicion has crept in mind of litigant that he will not be able to get impartial justice from the Court concerned, then in that eventuality the matter was to be heard in detail and only thereafter, any decision on the transfer application could be taken. In his submissions, in the event of suspicion of injustice, from the Court, in the mind of litigant, the proper course was to allow the transfer application as it is settled that Justice is not only done but manifestly appears to have been done. In support of his submissions, he has placed reliance upon the judgment of this Court in Geeta Srivastava v. A.K. Saxena Judge Family Court and others, 2007 66 AllLR 188.
(3.) I have heard learned Counsel for the petitioner and perused the impugned order passed by the Court below.;