- (1.) THIS petition has been moved under Section 24, C. P. C. for the transfer of Civil Original Suit No. 27/89 Chandmal v. Tejmal & others pending in the Court of the Additional District Judge, Bhilwara on the ground that the petitioners apprehend that they would not get a fair trial from the Presiding Officer.
(2.) IT is stated in the petition under consideration that the plaintiff-non-petitioner Chandmal has filed the suit on March 31, 1982 against the defendant-petitioners for accounts, dissolution of partnership, partitioner& possession in the Court of the District Judge, Bhilwara. Subsequently, the suit was transferred to the Court of the Additional District Judge, Bhilwaara. The petition further discloses that no written-statement has so far beenfiled, several applications have been moved in the case, twice the suit proceeded exparte against the defendants and the ex-parte orders were set aside. Para No. 8 of the transfer petition runs as under: - "8. That after 13. 12. 88 the case was fixed for 17. 12. 88. The advocate and one of the defendants were present in Court. The plaintiff and his advocate were not present. The Court said on enquiry that the case would be taken up at 4 P. M. The defendant was then made to sit outside the court room. The plaintiff's advocate had not come to court on that date but he resides at a short distance from the court. IT appears that plaintiff's advocate was called from his house and he came at 3. 45 P. M. and went to the Presiding Officer and talked to him for 2 minutes and went away. The defendant who saw all this told this to his advocate just then. His advocate Shri Chandra Singh again came to court at 3. 55 P. M. but he was told that the case had been adjourned and plaintiff's advocate had' taken the date. " From these facts and circumstances, the petitioners apprehend that they would not get a fair trial from the Additional District Judge, Bhilwara. The aforesaid averments do not make out a case for the transfer of the suit from the Court of the Additional District Judge, Bhilwara. Hence, petition for transfer of the case deserves to be rejected and accordingly it is rejected. As already stated above, the suit was filed on March 31, 1982, written-statement has not so far been filed by. any defendant & several applications have been moved. As such it is expedient that this case should be tried by a more experienced and competent Judicial Officer. It is a fit case in which this Court should exercise power under Section 24, C. P. C suo moto for the transfer of the case. Section 21, Rajasthan High Court Ordinance, 1949 also empowers this Court to direct the transfer of any civil case or any appeal from any court to any other court of equal or superior jurisdiction. Accordingly, the Suit No. 27/84 Chandmal v. Tejmal is transferred from the Court of the Additional District Judge, Bhilwara to the Court of the District Judge, Bhilwara for its expeditions disposal in accordance with law. Let copies of this order be sent to the District Judge, Bhilwara & Additional District Judge, Bhilwara for injunction & necessary action. .;