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Andhra Pradesh High Court
Judges : MOTILAL B.NAIK
Saraswati Bai - Appellant
Versus
Acharya Ved Bhushan - Respondent
Decided On : 12-12-95
TRANSFER OF SUIT - SECTION 24 CPC - MALA FIDE INTENT - DELAY TACTICS - EXEMPLARY COSTS: The court dismissed a transfer petition filed under Section 24 of the Code of Civil Procedure (CPC) due to the petitioner's mala fide intent and delay tactics in a suit that had been pending since 1986.
Fact of the Case:
The petitioner, the defendant in a suit, filed a transfer petition seeking to transfer the suit from the VII Assistant Judge, City Civil Court, Hyderabad to another court, alleging mala fides against the Presiding Officer and apprehension of injustice.
Finding of the Court:
The court found that the petitioner had been adopting delayed tactics to drag on the suit, including filing interlocutory applications and seeking adjournments, and that the allegations against the Presiding Officer were baseless.
Issues: 1. Whether the petitioner had mala fide intent in seeking the transfer of the suit. 2. Whether the petitioner's conduct amounted to delay tactics. 3. Whether the court could impose exemplary costs on the petitioner.
Ratio Decidendi: 1. The court held that the petitioner's mala fide intent was evident from her conduct, including her attempts to delay the proceedings and her failure to provide a reasonable explanation for her apprehension of injustice. 2. The court found that the petitioner's conduct amounted to delay tactics, as she had been seeking adjournments and filing interlocutory applications to prevent the court from disposing of the suit. 3. The court held that it had the power to impose exemplary costs on the petitioner under Section 35A of the CPC, as her conduct was malicious and intended to obstruct the course of justice.
Final Decision: The court dismissed the transfer petition with exemplary costs of Rs. 5,000/- to be paid by the petitioner to the Legal Aid Board, High Court of Andhra Pradesh.
( 1 ) PETITIONER is the defendant in O. S. No. 1407 of 1986 on the file of the VII assistant Judge, City Civil Court, Hyderabad.
( 2 ) IN thistr. CM. P. ,she seeks transfer of O. S. No. 1407of 1986 pending on the file of the VII Assistant fudge, City Civil Court, Hyderabad to any other Court of competent jurisdiction for disposal on merits.
( 3 ) THIS petition is filed at a stage when the entire evidence on behalf of bom sides was adduced and arguments were also advanced on behalf of the plaintiff in the said suit, when the matter was posted for advancing the arguments on behalf of the defendant on 28-6-1995 finally, the Counsel appearing on behalf of the petitioner was not ready to proceed with the case on the said date, i. e. , on 28-6-1995, the Court was requested to adjourn the case upto 30-6-1995 and again on an application filed by the petitioner herein under Order 17 Rule 1 of C. P. C. on 30-6-1995, the case was adjourned on 6-7-1995 enabling the petitioner s counsel to advance arguments on her behalf.
( 4 ) IN support of the Tr. C. M. P. , the petitioner has filed an affidavit attributing mala fides against the Presiding Officer. This apart, the petitioner has also moved similar transfer petition before the Chief Judge, City Civil Court, Hyderabad in o. P. No. 640 of 1995 under Section 24 of CPC seeking transfer of me said suito. S. No. 1407 of 1986 from the Court of the VII Assistant Judge, City Civil Court, hyderabad to any other Court In the said O. P. , the Chief Judge, City Civil court has called for the remarks of the Presiding Officer, The Presiding Officer has categorically denied the allegations. On the contrary, the Presiding Officer has stated that the petitioner has been adopting delayed tactics in order to drag on the suit which is of the year 1986 even though the entire evidence on behalf of both parties was recorded and arguments on behalf of the plaintiff were also advanced and the case is posted for arguments on behalf of the defendant, on 28-6-1995. On mat day, a representation was made on behalf of the Counsel for the petitioner seeking adjournment. The case was, however, adjourned to 30-6-95 for the arguments of the defendant s Counsel. From then onwards adjournments are sought on various grounds upto 6-7-1995.
( 5 ) THE Chief fudge, City Civil Court, Hyderabad has passed a detailed order rejecting the said O. P. No. 640/95 by an order dated 9-8-1995 holding mat the allegations are untrue and the petition is filed only to drag on the matter and there are no merits in the said transfer O. P.
( 6 ) THE endeavour of Sri N. V. S. R. Gopalakrishnamacharyulu, Counsel for the petitioner is to the effect mat the Presiding Officer has formed an opinion about the case and therefore, if the case is allowed to be decided by the same Presiding officer his client would suffer irreparable injury and as such seeks transfer of me said suit. In support of his contentions, Sri Gopalakrishnama Charyulu has taken this Court to various decisions reported in Khwaja Ahad Shah vs. Mt. Ayshan Begum, Mt. Paro vs. Chhaja Singh and another, Dr. Hardit Singh Jaswant singh vs. Bhagat Jaswant Singh and otters, Hazara Singh Gill vs. The State of Punjab, thounaojam Ningol Indrani Devi and others vs. The Municipal Board of lmphal and others and Union of India and another vs. Shiromani Gurdwara Prabhandhak committee and others. Besides these decisions, the learned Counsel for the petitioner has also drawn my attention to few unreported decisions of this court It is his endeavour that when a party apprehends that injustice would be caused to him, it would be appropriate to transfer the said case from one Court to another Court.
( 7 ) WHEN the matter came up for admission before this Court, this Court directed me Counsel for the petitioner to place the order copy in transfer O. P. No. 640 of 1995 passed by the Chief Judge, City Civil Court, Hyderabad on 9-8-1995. When the matter came up for further hearing on 24-11-19
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