Jitendra Chauhan J. - (1.) C.M. No. 120-C-II of 2012. Civil Miscellaneous Application for placing on record the reply to the transfer application is allowed. Reply is taken on record. T.A. No. 650 of 2011 The present application has been preferred under Section 24 of the Civil Procedure Code for transfer of the appeal No. 19/28.7.2010/ 23.6.2011, titled as Dera Samadh Baba Sarviapi v. Mohinder Pal and others from the Court of Additional District Judge, Patiala to some other Court of competent jurisdiction, preferably at Chandigarh, or any other Court of competent jurisdiction out of Patiala.
(2.) The learned counsel for the applicant contends that one of the respondent Mr. Ashwani Kumar, is a practising lawyer at District Court Patiala, and is capable of influencing all the members of the Bar including the Presiding Officer. He further contends that he has engaged various counsel for conducting his case but all the counsel left his case in between, on account of the pressure exerted by the respondent No. 3, Ashwani Kumar. He further contends that no member of the Bar at Patiala, is ready to accept the case of the applicant.
(3.) On the other hand, learned counsel for the respondents states that the civil suit was filed in the year 2001, which was duly contested by the parties and the applicant was represented by various counsel throughout the trial. The suit was decreed and the appeal was preferred by the applicant on 13.5.2010. He has further submitted that Mr. Ashwani Kumar Jain, Advocate, represented his case since inception of the litigation. After a lapse of 10 years the present application has been filed with an ulterior motive to harass the respondents and to tarnish the image of the Presiding officer who is no longer posted at the station. I have heard the learned counsel for the parties.;