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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Niranjan Khanra – Appellant
Versus
Sudripta Das – Respondent
JUDGMENT :
HIRANMAY BHATTACHARYYA, J.
1. This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an order dated May 17, 2025 passed by the learned District Judge at Alipore in Misc. Case no. 148 of 2025.
2. By the order impugned, the application under Section 24 of the Code of Civil Procedure being Misc. Case No. 148 of 2025 for transfer of Ejectment Suit no 47 of 2024 was rejected.
3. The opposite parties filed a suit for recovery of possession by way of eviction, damages and mesne profits against the petitioner before the learned Civil Judge, Senior Division 10th Court at Alipore which was registered as Ejectment Suit No. 47 of 2024. At the stage of cross examination of the plaintiff witness no. 1, the petitioner filed an application under Section 24 of the Code of Civil Procedure being Misc. Case no. 148 of 2025 before the learned District Judge, 24 Parganas (South) at Alipore praying for transfer of the Ejectment Suit pending before the learned Civil Judge, Senior Division, 10th Court at Alipore to any other learned Court at Alipore.
4. The case made out by the petitioner in the Misc. Case for transfer of the Ej
The assurance of a fair trial requires substantial grounds for transfer, as mere apprehension of bias is insufficient to justify moving a case.
Allegations of bias require substantial evidence to justify the transfer of civil suits; mere apprehension of bias is insufficient, maintaining the integrity of judicial officers is paramount.
The main legal point established in the judgment is the need to balance the motive and underlying object of seeking transfer, the lack of substantial evidence supporting allegations of bias and preju....
A transfer of case under Section 24 requires substantial evidence of bias or a denial of justice; mere apprehension is inadequate.
A mere allegation of bias and delay in proceedings is insufficient for transferring a case; substantial evidence is required to demonstrate real apprehension of unfairness.
The apprehension of not getting a fair and impartial trial must be reasonable and not imaginary.
Allegations of bias against a Presiding Officer must be substantiated with specific evidence; mere suspicion is insufficient to justify a transfer of case.
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