1. The suit of Mohmmad Ishaq Zaroo, respondent No. 1 before this Court, for declaration and injunction was pending adjudication before 3rd Additional District Judge Srinagar. The matter was referred for arbitration in terms of agreement entered by the parties. While report and award of arbital reference was awaited, plaintiff/respondent No. 1, moved court of reference for ad-interim relief including attachment of shops in the ground floor of the building subject of arbital reference.

2. The Court of reference took certain steps including directions to the concerned police to implement court order passed in December 1994. While this matter was being heard on a due date, the petitioner/defendant Mushtaq Ahmad Dar filed an application for transfer of the case on the ground that the said defendant saw one Hassan Zaroo, brother of plaintiff, with the Presiding Officer in his chambers, leading to apprehension in the mind of defendant/ petitioner, that he may not get the justice from the Court. The District Judge Srinagar, after hearing the parties withdrew the suit from the file of 3rd Additional District Judge Srinagar and transferred it to the Court of Additional District Judge Srinagar by order dated: 11.7.1998.

3. While ordering the above transfer of the suit, The District Judge after examining the report of Presiding Officer of 3rd Additional District Judge Srinagar, expressing his "deep antics while reporting on grounds of transfer, in tied to take this matter to its logical end and to find out if the insinuation against the Presiding Officer has been made vexatiously or not and in the words learned District Judge, "only to defeat the speedy trial or intact the petitioner had genuine apprehension that fair trial will not be possible for the said Court." Before proceeding further. In the matter, the District Judge entrusted the enquiry to Mr. Mansoor Ahmad Mir, presiding Officer MACT Srinagar for holding enquiry in the genuiness of the application and to send report to the District Judge Srinagar and the next date for this limited purpose was fixed as 22.8.1998.

4. This part of the order of the District Judge is challenged in this revision on the ground that District Judge had no power to assign another District Judge an enquiry in a transfer matter, after the suit stood transferred to the Additional District Judge Srinagar. The appointment of such enquiry commission is unknown to law and the District Judge had no powers to do so while exercising judicial powers under Section 24 of C. P. C for transfer of case from one Court to another Court

5. Mr. Zaffar Ahmad Shah advocate entered appearance and took notice on behalf of respondents and on submissions of the parties the matter was heard

6. Under Section 24 of C P C, the District Judge has the powers to withdraw any suit from any Court and try it himself or transfer it for trial to some other Court The part of order transferring the civil suit from 3rd Additional District Judge Srinagar to Additional District Judge Srinagar is not questioned by either side

7. From the order of transfer passed by the District Judge it appears that on giving consideration to deep anguish expressed by 3rd Additional District Judge Srinagar, while examining the grounds of transfer the District Judge after hearing the parties thought it proper in his wisdom to find out whether the allegations levelled against the Presiding Officer were vexatious or with the desire to defeat the speedy proceedings in the case whether the apprehensions expressed by the petitioner while seeking transfer, were genuine or not. As District Judge it cannot be disputed that the District Judge has powers to find for himself if the allegations had some basis or were levelled calculatedly for tardy trial of the case or were brought with the purpose to pressurize the Presiding Officer to secure some sort of favourable order. If a subordinate judicial Officer is pressurized for ulterior motives in a judicial proceeding, such a

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