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1976 Supreme(Cal) 133

S.K.Bhattacharyya, A.K.Janah
Gorachand Das – Appellant
Versus
Dipali Das – Respondent


Advocates Appeared:
J.N. Roy, N.K. Manna, Samir Mukherjee, T.K. Chatterjee

Judgment

1. THIS rule was issued on an application under section 24 read with section 115 of the Code of Civil procedure for the transfer of a suit from the 11th Court of the Additional district Judge, Alipore, to some other court. The petitioner instituted the suit claiming a decree for judicial separation and also for other reliefs. The grounds on which the transfer of the suit has been asked for are four in number. It is stated that the cumulative effect of all these grounds for transfer has resulted in a reasonable apprehension in the mind of the petitioner that he will not get a fair trial from, and his case will not be considered properly, by the learned Judge before whom the suit is pending. The four grounds urged on behalf of the petitioner for transfer of the suit are:-

i) Not only that the learned Judge did not record the explanation given by the petitioner in support of his answers in cross-examination but the learned Judge used intemperate language against the petitioner during his cross-examination ;

ii) Some of the answers given by the witnesses in the vernacular have been translated into English in a manner which has resulted in incorrect recording of the evidence and s















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