The High Court of Punjab & Haryana dismissed a transfer application seeking to shift a pending civil appeal. The petitioner alleged judicial bias and coercion but offered no concrete evidence, leading to the rejection of the claim.
Transfer application dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
T.A. No. 70 of 2012 Date of Decision: 13.2.2012.
Palwinder Singh
--Petitioner
Versus
Jit Singh & another
--Respondents
CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA.
Present:Mr. Sandeep Arora, Advocate for the petitioner.
TEJINDER SINGH DHINDSA.J
This is a petition under Section 24 of the Code of Civil Procedure seeking transfer of Civil Appeal No.133 dated 25.11.2010 titled as Balwinder Singh and another Vs. Jit Singh pending in the court of Additional District Judge, Kapurthala to some other court of competent jurisdiction and that too preferably outside district Kapurthala.
I have heard Mr. Sandeep Arora, learned counsel appearing for the petitioner.
It is stated that Jit Singh, plaintiff-respondent had instituted a suit against the present petitioner as also Paramjit Kaur. This suit was for a declaration against the present petitioner as also Paramjit Kaur claiming to be owner of the disputed suit property situated in village Khajurla, Tehsil Phagwara, District Kapurthala. Such suit filed by Jit Singh, plaintiffrespondent was decreed by the Additional Civil Judge (Sr. Divn.), Phagwara vide judgement dated 28.10.2010. The petitioner along with Paramjit Kaur preferred Civil Appeal No.133 dated 25.11.2010, which is presently pending in the court of Additional District Judge, Kapurthala.
T.A. No. 70 of 2012 -2-
Apart from a bald averment in paras 4 and 5 of the instant transfer application stating that the Judicial Officer is proceeding with a prejudiced mind and is forcing the petitioner to enter into a compromise with the plaintiff-respondent, nothing else has been placed on record to substantiate such assertion. I am unable to accept the prayer in the present transfer application. Such reckless assertions and allegations against a Judicial Officer in a transfer application which is completely bereft of any concrete instance with regard to any prejudice or bias having been shown by the concerned Judicial Officer against the petitioner as also without there being any details whatsoever with regard to the assertion about the petitioner being forced to enter into compromise cannot form the basis of entertaining the prayer for transfer.
I find no merit in the present transfer application. Accordingly, the same is dismissed.
(TEJINDER SINGH DHINDSA) JUDGE
13.2.2012. lucky
2 issues framed by the court
Whether the petition for transfer of a civil appeal to another court is maintainable on allegations of prejudice and bias without concrete substantiation?
Whether reckless assertions of bias against a judicial officer form a valid ground for transfer of proceedings?
1 provisions across 1 enactments
Palwinder Singh
Jit Singh
Tejinder Singh Dhindsa
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
