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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
GANESH RAM MEENA
Suncity Projects Private Limited – Appellant
Versus
Sanjay Kawatra S/o Shri Omprakash Kawatra – Respondent
| Table of Content |
|---|
| 1. details of the writ petition and transfer order. (Para 1 , 2 , 3 , 4) |
| 2. arguments from the petitioner regarding transfer application. (Para 5 , 6 , 7) |
| 3. respondent's arguments on delays in proceedings. (Para 9 , 10) |
| 4. court's reasoning on urgency and propriety. (Para 13 , 14 , 15) |
| 5. judicial caution against unsubstantiated bias allegations. (Para 16 , 19) |
| 6. criteria for judicial transfer under section 24 cpc. (Para 17 , 25 , 26) |
| 7. requirements of notice and opportunity in transfer cases. (Para 27 , 28 , 30) |
| 8. conclusion quashing the transfer order. (Para 31 , 32) |
| 9. final decision and implications. (Para 33 , 34) |
ORDER :
1. Present writ petition has been preferred by the petitioner/ plaintiff being aggrieved by the order dated 07.07.2025 passed by the Court of learned District Judge, Jaipur Metropolitan-II (for short ‘the learned District Judge’), on Civil Transfer Application No.112/2025, whereby the learned District Judge ordered to transfer the Civil Suit No.14/2024 (95/2024), from the Court of learned Addl. District & Sessions Judge No.7, Jaipur Metropolitan-II to the Court of learned Addl. District & Sessions Judge No.9, Jaipur Metropolitan-II.
2. The brief fact
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....
Allegations of bias against a Presiding Officer must be substantiated with specific evidence; mere suspicion is insufficient to justify a transfer of case.
Litigants should seek remedies through appellate procedures rather than maligning judges with baseless allegations.
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.
Transfer of cases requires reasonable grounds for bias; mere apprehension is insufficient without substantiation.
The assurance of a fair trial requires substantial grounds for transfer, as mere apprehension of bias is insufficient to justify moving a case.
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