You can seek transfer application on merits stated above. You will get the same allowed
Sec 24 of cpc
Sir Extracts of CJJD Order and my argument thereon Para No. 3 :- The Defendants no 1 to 5 were though served, defendants No 1 to 3 appeared through their Advocates on today itself filing Vakalatnama and seeking time to file W.S. Para No.6 --- Plaintiff prayed for status quo order till conclusion of application of interim injunction (Exh-5). In present circumstances, without hearing defendants nos. 1 to 5 I am not inclined to allow the present application My 3 arguments :- First point Judge observed that “without hearing defendants no. 1 to 5, I am not inclined to allow the present application. Okay then at least he must have heard the 3 Respondents appeared through their advocates and further he must have adjourned the hearing of Two Defendants on the said present application on any Next Date But he rejected the said ‘present application' and thereby ruled out any possibility for further hearing thereon This is controversial order First Judge Observed his desire to hear opponents But not heard 3 Opponents present through advocate And then rejected the said present Application and thereby ruled out any possibility of hearing on the said present application. Second point : - Judge got confused In fact Plaintiff prayed for status quo order during pendency of Exh-5 for any such period and on any terms as deemed fit by Judge and not exactly till disposal of Exh-5 In fact it could have been till filling of SAY by defendants, and so on but Judge confused and observed that Plaintiff prayed status quo till conclusion of Exh-5 Third Points Actually the Plaintiff could not signed the Application due to oversight and when it came to his knowledge then he made a written apology with prayers to allow him to sign the application but the Judge did not allow and kept the apology application for order on next date. Why such issue ? FACT : Plaintiff in person goes from Bombay to (300 kms) at the Court in Dhule and such controversial, immature-understanding (misconceivment) and adamant behavior of the Judge will give rise to multiplicity of appeals, proceedings, etc. which may not be possible for Plaintiff and thus such behavior will defeat the Plaintiff in its initial stage for no fault of him Hence Plaintiff wants to file Transfer Petition u/s. 24 of CPC I need your valued advices on merit of such case PLEASE GUIDE HARIOM
Asked 5 years ago in Civil Law
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8 Answers
1) no case for transfer is made out
2) on date court adjourned case as defendants 1 to 3 sought time to file reply
3) it is not necessary that court grants ad interim relief on first date itself
A judicial order may be good or bad but mere passing of an order which aggrieves a party is a no ground to transfer a case from one court or another.
Unless and until abject biasness and ulterior motive against you is apparently shown on this ground alone you can not get the case transferred.
The order appears to be quite within the discretionary power of the court and if there is merit in your case as it appears you should get order after contested hearing.
Good luck.
1. The practice/procedure/provision is that during the court hearing on either issue be done in presence of all the parties whether they are present by their respective AR'S or in person so Hon'ble Court rightly said that he is not inclined to hear in absence of either of the party or parties but fault is application should not be rejected and this part of the order is challengable.
2. If the order is beyond the scope of the prayer made then it is challengable.
3. Don't fight your case in a hurry so whenever you move any application or any paper it should be moved in proper manner there is no procedure that court will call you and got sign the paper if it is not signed so this is wrong and court is right her , you can move another application and have right to go in revision.
So better is not to move application under Sec.24 , you can move but first get set right your case in the court where it is going on.
You can give the transfer request to the court to transfer your case to any other Court . Of course the judge has to write an your application that why this matter is to be transferred to any other Court.
The transfer petition can be filed since the petitioner is aggrieved by the judgment on the petition, however the remedy is that the petitioner can approach high court with a revision petition to revise the orders passed by the trial court judge instead of straightaway jumping into a wrong conclusion of the judge because of this order.
- As per the information mentioned in the present query, makes it clear that the judge has erred in not adjudication the matter in accordance of law.
- When defendant appeared before the judge then it means that they have been served with your petition along with the interim application then judge should have asked them to put their part orally at least and should have understood the gravity of the stat application.
- You should go in appeal against the order and part for the interim stay as otherwise you would suffer with irreparable loss.
- See, it all depends upon the argumentative skill of your lawyer to put the case before the judge, to clear his confusion if any.
- And yes you can get it transferred to some other bench or court of also by SC, if wishes to.
Dear
The point you have mentioned are not enough for getting the transfer for case. Judge dismissed the application at current stage because defendants appeared through their advocates and taken time to file WS and before WS judge cannot decide on the Interim application for stay and it is not adamant behaviour of judge. It is the procedure court follows.
