- (1.) This case came up before me on 24th Aug., 1987. On that day an application on behalf and under the signatures of Shri R.L. Sharma, praying the case to be listed after 13-9-1987 was moved. According to the statement made in para 1 of the application, the cases of Shri Sharma had been adjourned for the period between 13-8-1987 and 13-9-1987 under the orders of the Hon'ble the Chief Justice on account of the fact Shri Sharma had been allegedly suffering from "Chronic and acute diarrhoea". For the reasons stated in the order dt. 24-8-1987 the said application was rejected and the case was directed to be put upon 26th Aug., 1987. On 26th Aug., 1987, Shri Sharma appeared and prayed for some time to enable him to file rejoinder affidavit. The learned counsel for the opposite parties did not oppose the prayer. Shri R.L. Sharma and the learned counsel for the opposite parties jointly agreed that the case be taken up on 28th Aug., 1987 as a first case peremptorily. The case was directed to be listed accordingly. However, the case came on 1-9-1987.
(2.) On 1st Sept., 1987 Shri Sharma, instead of proceeding with the case, moved an application with the following prayer : "It is, therefore, prayed that the rejoinder affidavit be placed on record and the aforesaid case be ordered to be listed before some other Bench after my adjournment, so as to serve the ends of justice." The first ground in support of this prayer is stated in para 1 of the application which reads thus :- "1. That the applicant has filed a Civil Misc. Contempt Application No. of 1987, which is pending in the Hon'ble Court for disposal and some date has been fixed by Hon'ble Mr. Justice B.N. Misra for the hearing along with the records of the aforesaid case." The second ground is traceable in para 3 of the application which is inability of Shri Sharma to argue the case "due to . . . . . . . . . . extremely ill health and . . . . . . . . . suffering from acute diarrhoea." The learned counsel for the opposite parties prayed for and was granted a week's time to file objection in answer to the application and the application was directed to be listed on 9th Sept., 1987. The case, however, did not come on 9-9-1987, presumably, on account of the fact that I have been sitting in a Division Court and not alone.
(3.) Now the matter is up before me today again. An objection dt. 8-9-1987 on behalf of the opposite parties, in answer to the application of Shri Sharma dt. 1-9-1987, has been filed today. It is being placed on record. In para 2 of their objection the opposite parties assert that they hold in their favour a decree of ejectment of Shri Sharma from their house situate at Bund Road, Allahabad, besides the decree for recovery of rent and damages etc. and the decree is in the final stage of execution. They further assert that the judgement-debtor Shri Sharma has not paid either the decretal amount or damages for the use and occupation of their house and is "resorting to every conceivable tactics to delay and frustrate" their efforts "to get the benefit of the decree passed in their favour." Para 3 of the objection contains averments to the effect that on 13-8-1987 when Hon'ble A.N. Dikshita, J. before whom this case was listed on that day, proceeded to hear the matter Shri Sharma stated that "since the petitioner had filed a contempt application against Mr. Justice A.N. Dikshita the Hon'ble Judge would be biased against him and he could not expect justice from his (Hon'ble Mr. Justice A.N. Dikshita's) Court." Hon'ble Mr. Justice A.N. Dikshita, ordered the case to be listed before another Bench. Thereupon the Hon'ble the Acting Chief Justice on 20-8-1987, directed this case to be listed before me as is borne out from the order-sheet of the case.;