Anshuman Singh, J. - (1.) Before the writ petition was admitted the respondents were directed to file a counter-affidavit. Counter and rejoinder affidavits have been exchanged. With the consent of the parties and as provided in the second proviso to Rule 2 of Chapter XXII of the High Court Rules the petition is being disposed of at the admission stage.
(2.) The petitioner is aggrieved by an order dated 18-7-1986 passed by the District Judge, Agra, by which he has transferred Suit No. 798 of 1981 pending in the court of Munsif, Agra, and Suit No. 34 of 1979 pending in the court of 1st Additional District Judge, Agra, to the court of the IVth Additional District Judge, Agra, for disposal. The main grievance of the petitioner is that the said order was passed without affording any opportunity to the petitioner of being heard. The fact that the order dated 18-7-1986 was ex parte has not been denied by the respondents in the counter affidavit. The application filed by the petitioner for recalling the order was of course disposed of after hearing learned counsel for the parties and that was rejected by order dated 6-2-1987. Counsel for the respondents has urged that since the petitioner was heard in the application for recalling the order dated 18-7-1986 no prejudice has been caused to the petitioner. I am unable to accept the contention raised on behalf of the respondents. A perusal of the order dated 6-2-1987 indicates that the order is cryptic and non-speaking one. Nothing has been said in the order as to whether any prejudice been caused to the petitioner by transferring the two suits to one Court. In view of the said fact I am of the opinion that the order dated 6-2-1987 is not an order strictly in accordance with law.
(3.) In the result the petition succeeds and is allowed. The orders dated 18-7-1986 and 6-2-1987 are quashed. The District Judge is directed to hear the counsel for the parties afresh and pass a reasonal order as to why both the suits should be consolidated and tried by one court. The District Judge will dispose of the application file by the respondents within a month from the date of presentation of a certified copy of this order. Petition allowed.;