Nirmala Devi & Others vs Munshi Lal & Others

Ajay Mohan Goel, J

By way of this petition, filed under Article 227 of the Constitution of India, a prayer has been made by the petitioners for transfer of Civil Suit No.6 of 2015, titled as Munshi Lal Versus Kamla and others, presently pending adjudication in the Court of learned Civil Judge (Senior Division), Kullu, District Kullu, H.P. from district Kullu to district Mandi, on the ground that as respondent No.2 is employed in Kullu Court, he will not allow the civil suit to be decided and would linger the same on one pretext or the other causing prejudice to the present petitioners. It is further mentioned in the petition that respondent No.2 has proclaimed that he has easy access to the Presiding Officers of the Court.

Having heard learned counsel for the petitioners, this Courts takes exceptions to the averments which stand made in the present petition, which are not only derogatory in nature but also are contemptuous, especially as these averments are not substantiated by any material on record. Alleging that the Presiding Officers of the Court are amenable to be influenced by Class­IV employees of the Courts and seeking transfer of cases on this pretext, is a very serious issue and in case such like petitions are entertained, same will it is going to set an extremely bad precedent. Of course, High Court is bound to look into such allegations if made, provided the same are supported with cogent material.

At this stage, learned counsel for the petitioners submits that he may be permitted to withdraw the present petition.

In view of the submission so made by learned counsel for the petitioners, present petition is dismissed as withdrawn. Pending miscellaneous applications, if any, stand disposed of.