Nisar Ahmad Sheikh vs Mukhtar Ahmad Khan & Ors

Ali Mohammad Magrey, J

This is an application filed by the applicant/ Plaintiff under Section 24 of the Code of Civil Procedure seeking transfer and withdrawal of suit titled 'Nisar Ahmad Sheikh v. Mukhtar Ahmad Khan & Ors.', from the Court of learned Sub-Judge (Special Mobile Magistrate), Pulwama to any other Court of competent jurisdiction outside District Pulwama.

The main ground projected by the applicant/ Plaintiff in this application is that the proceedings in the case are not being conducted justly and fairly by the Court below. It is submitted that on 13th of September, 2021, when the matter came up for consideration, Respondents/ Defendants created a scene outside the Court room and threatened the applicant/ Plaintiff of dire consequences in case he continues to prosecute the matter, whileas in the Court room, the Counsel for the Respondents/ Defendants, Mr Ghulam Nabi Bhat, Advocate, who is a senior member of the Bar Association, Pulwama, besides extending a veiled threat to the applicant/ Plaintiff and his Counsel, shouted in the open Court at the Counsel for the applicant/ Plaintiff, namely, Mr Mehboob-ul-Ahad, Advocate. It is pleaded that the Court below, without controlling the proceedings, allowed the Counsel for the Respondents/ Defendants to create a scene in the Court room and, while the submissions of the Counsel for the Respondents/ Defendants were heard and registered by the Court, the Counsel for the applicant/ Plaintiff was prevented from arguing the matter. It is argued that the Counsel for the Respondents/ Defendants, being the senior member of the Bar at Pulwama, from day one, virtually prevented the Counsel for the applicant/ Plaintiff to make his submissions before the Court and that the Court also gave liberty to the Counsel for the Respondents/ Defendants to interfere in the proceedings of the case, thereby resulting in travesty of justice.

Heard Mr A. M. Dar, the learned Senior Counsel representing the applicant/ Plaintiff, perused the pleadings on record and considered the matter.

Ordinarily, the Advocates, while arguing their cases before the Court of law, are supposed to maintain the decorum of the Court by their conduct, however, in exceptional cases, there are instances where the Advocates engage in some heated arguments and even raise their voice, which eventualities, however, cannot form a ground for seeking transfer of the cases from the Courts concerned. If this submission of seeking transfer of the case, as advanced by the Counsel for the applicant/ Plaintiff, is allowed, then, in such eventuality, there can be numberless instances where the learned Counsels will file transfer applications on the ground of the other contesting Advocate not being well-suited before the Court of law. The circumstances/ allegations vis-à-vis the Court below from where the transfer of the Suit is sought, as detailed out in the present application duly supported by the Affidavit on part of the applicant/ Plaintiff, can be well taken care of by directing the applicant/ Plaintiff or his Counsel to approach the appropriate forum/ authority for seeking action under law against the Counsel for the Respondents/ Defendants for commission of any offence, civil or criminal, attributed to the Respondents/ and or Counsel for the Respondents/ Defendants.

In the above background, I do not find any merit in this transfer application, which is, accordingly, dismissed in limini, along with the connected CM. This Order, however, shall not preclude the applicant/ Plaintiff and/ or his Counsel to approach the appropriate forum/ authority for seeking action under law with regard to the alleged unbecoming conduct on the part of the Counsel for the Respondents/ Defendants.