JUDGMENT :

ANOOP CHITKARA, J.

1. Seeking appropriate directions qua the judgment passed by one of the Hon'ble Judges of this Court, who pronounced a dissenting verdict in Letters Patent Appeals, and decided in favour of the petitioners; the private respondents 3 to 6, came up before the third Judge, under Section 151 CPC, alleging that now they have come to know that wife of the Hon'ble Judge who gave the dissenting pronouncement, is related to the wife of one of the Appellants and thus the judgment given by the said Hon’ble Judge is non est as being coram non-judice.

2. The prayer clause of the application reads as follows:

“a. That the dissenting view so recorded by the Hon’ble Justice Sureshwar Thakur, in LPA 33 and 39 of 2019, dated 11.3.2020, be declared coram non-judice and nonest in the eyes of law;

b. That the LPA 33 and 39 of 2019 may thus kindly be remitted to the Hon’ble Chief Justice for constitution of a Division Bench for hearing the LPA afresh in the interest of justice and fairplay.”

3. Mr. Bipin Chander Negi Ld. Senior Advocate, who represents 5th and 6th respondents, namely Mr. Chirag Bhanu Singh and Mr. Arvind Malhotra, in LPAs, argued that the allegations pointed out in the application establish bias. Thus, the application deserves acceptance in terms of its prayers. Ld. Sr. Advocate has relied upon the following judicial precedents to buttress his contentions:

(a). D K Khanna v Union of India, AIR 1973 HP 30, wherein a Division Bench of this Court holds,

“[24] Bias has been classified into different categories. We are concerned here with personal bias. Personal bias may arise from personal hostility to one party or from personal friendship or family relationship with the other. In the case of family relationship, the challenge to the proceeding need only establish so close a degree of relationship as to give rise to the reasonable likelihood of the Judge espousing the cause as his own. However, in England in 1572 a Court upheld an objection, in Vernon v. Manners. (1572) 2 Plowd 425 to the validity of a proceeding in which the Sheriff who had summoned the jury was related in the ninth degree to one of the parties. Closer relationship has invariably led to the invalidation of the proceedings. In Bridgman v. Holt. (1693) 1 Show PC 111, Holt C. J. withdrew from a case in which his brother was a party, Reference may be made to R. v. Rand. (1866) 1 QB 230. In Becquet v. Lamp-riere. (1830) 1 Knnaop 376 the Privy Council disqualified the jurat of the Royal Court of Jersey from hearing a case in which his deceased wife's nephew was a party.”

(b). State of Punjab v. Sumedh Singh Saini, (2011) 14 SCC 770, wherein Hon’ble Supreme Court holds,

“[24] There may be a case where allegations may be made against a Judge of having bias/prejudice at any stage of the proceedings or after the proceedings are over. There may be some substance in it or it may be made for ulterior purpose or in a pending case to avoid the Bench if a party apprehends that judgment may be delivered against him. Suspicion or bias disables an official from acting as an adjudicator. Further, if such allegation is made without any substance, it would be disastrous to the system as a whole, for the reason, that it casts doubt upon a Judge who has no personal interest in the outcome of the controversy.

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[36] Thus, it is evident that the allegations of judicial bias are required to be scrutinised taking into consideration the factual matrix of the case in hand. The court must bear in mind that a mere ground of appearance of bias and not actual bias is enough to vitiate the judgment/order. Actual proof of prejudice in such a case may make the case of the party concerned stronger, but such a proof is not required. In fact, what is relevant is the reasonableness of the apprehension in that regard in the mind of the party. However, once such an apprehension exists, the trial/judgment/order etc. stands vitiated for want of impartiality. Such judgment/order is a n