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1973 Supreme(Raj) 164

KAN SINGH
Laxminarain Misra – Appellant
Versus
Kailash Narain Gupta – Respondent


Advocates Appeared:
M.R. Calla, for Petitioner; R.P. Goyal and B.L. Panwar, for Non-petitioners

KAN SINGH, J.—Shri Laxmi Narain Mishra, who is opposing certain proceedings instituted against him under sec. 110 A of the Motor Vehicles Act, 1930 (hereinafter to be referred as the Act) before the District Judge, Alwar, constituting the Claims Tribunal under the Act, moves this Court for transferring the proceedings to another Claims Tribunal and invokes the powers of this Court under sec. 24 of the Code of Civil Procedure.

2. The transfer was sought principally on two grounds: One on account of his having an apprehension against Shri Sohanraj Kothari, District Judge, on the basis of certain orders passed by him from time to time, that the petitioner would not get justice from Shri Kothari. The other one was of hardship caused to the petitioner as no advocate at Alwar was accepting any brief for him, as Shri Kailash Narain Gupta, the applicant before the Claims Tribunal as also his father were advocates practising at Alwar.

3. The first ground is no longer available as Shri Kothari has since been transferred from Alwar to another place and Shri M.C. Jain is at present the District Judge at Alwar.

4. The question that confronts the petitioner here at the very outset is whether a Dist


















































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