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2000 Supreme(P&H) 1242
PUNJAB AND HARYANA HIGH COURT
M.L. Singhal, J.
Nikhil Sharma - Petitioner
Versus
A.N. Bhardwaj - Respondents
Civil Misc. No. 5660-CII of 2000.
Decided On : 11 October, 2000
For the Petitioner:Mr. Kamal Sharma, Advocate.
For the Respondents:Mr. J.S. Chaudhary, Senior Advocate with Mr. Pritam Singh Baath, Advocate.
The main legal principle established is the importance of ensuring fairness and impartiality in the trial process, even if there are no direct allegations of interference or bias, as justice should not only be done but should also appear to have been done.
Headnote:
Transfer of Case - Jurisdiction - Civil Procedure Code - Chandigarh Court - Ludhiana Court - Varinder Kumar Sarin v. Yoginder Sarin, 1993(1) RRR 492 - Arvee Industries and others v. Ratan Lal Sharma, AIR 1977 SC 2429 - Ashok Kumar v. Narendera Kumar Jain, 1989(2) CLJ (C.Cr. and Rev.) 191 - Jyotsna Raje v. Jagpal Singh, AIR 1961 Punjab 560 - Rajkot Cancer Society-petitioner v. Municipal Corporation-respondent, 1987 PAP 481 (Gujarat)
Fact of the Case:
The petitioner, a student, sought the transfer of a civil suit from Ludhiana court to a court of competent jurisdiction, alleging bias and unfair treatment due to the influence of the respondent, an advocate, in the Ludhiana court.
Finding of the Court:
The court found that the influence of the respondent in the Ludhiana court could put the petitioner at a disadvantage, impacting the fair trial of the case. It ruled in favor of the petitioner, allowing the transfer of the case from Ludhiana court to Chandigarh court.
Issues: The main issue was the alleged bias and unfair treatment due to the influence of the respondent in the Ludhiana court, leading to the request for transfer of the case to a court of competent jurisdiction.
Ratio Decidendi: The court considered the principles of fairness and impartiality in the trial process, citing legal precedents to support the decision to transfer the case to ensure a more just and fair trial.
Final Decision: The court allowed the petition and ordered the transfer of the case from Ludhiana court to Chandigarh court for a more just and fair trial.
M.L. Singhal, J. - Though this CM Nikhil Sharma, student of MBBS at P.V. Narsimha Rao Medical College, Jolly Grant Dehra Dun, UP has prayed for the transfer of civil suit titled "A.N. Bhardwaj, Advocate and another v. Himalayan Institute Hospital Trust, Jolly Grant Dehra Dun (UP)" from Ludhiana court to some court of competent jurisdiction either at Chandigarh or in Haryana.
2. According to Nikhil Sharma petitioner, Amrinder Bhardwaj-respondent herein joined the said college for MBBS course on 15.12.1997 against a paid seat. A sum of Rs. 11,49,500/- is said to have (been) paid by him toward the admission of the said course to the college authorities. Amrinder Bhardwaj returned to Ludhiana on 20.12.1997 when the medical college was closed for winter vacation as he found that he would not be able to measure up to the level of intelligence and hard work required for studying MBBS. His father had paid quite a hefty amount for the admission of his son to the said course. He forced him to return to the medical college after the winter vacation when it reopened on 3.1.1998 for continuing his studies. He again returned to Ludhiana in the first week of January, 1998. On his return to Ludhiana, Shri A.N. Bhardwaj who is an advocate cooked up a story that his son had to give up studies at Dehra Dun due to his alleged ragging because otherwise he could have no case for seeking the refund of the amount paid by him. Respondents filed suit in the court of Ludhiana claiming a sum of Rs. 31,49,500/- comprising Rs. 11,49,500/- paid as fee etc. and Rs. 20 lacs as damages. In civil suit, he (Nikhil Sharma) has been arrayed as defendant No. 5. In the civil suit, they have stated that plaintiff-Amrinder Bhardwaj had to discontinue his studies at Dehra Dun because of his ragging at Dehra Dun by him (Nikhil Sharma) and another student named Vaibhav Gupta. Vaibhav Gupta has been impleaded as defendant No. 6 in the civil Suit. He was involved in the alleged ragging of Amrinder Bhardwaj on false, frivolous and baseless allegations. In fact, Amrinder Bhardwaj had to leave MBBS studies at Dehra Dun because he found that he was not that mentally equipped as to understand what was being taught in MBBS. It is alleged by Nikhil Sharma-petitioner in support of his prayer for the transfer of the suit pending at Ludhiana that A.N. Bhardwaj-respondent No. 1 is an advocate at Ludhiana. No cause of action has arisen on Ludhiana. If any cause of action arose, that arose at Dehra Dun. He wove a net so as to confer jurisdiction on Ludhiana Court in the hope that he wields influence at Ludhiana and he would be able to have his way at Ludhiana. On receipt of summons he and his father came to Ludhiana to engage a counsel. They were man-handled by some people when they were trying to contact some advocate for engaging counsel for him in the case. He and his father were told that no lawyer there at Ludhiana would be allowed to appear for them and if some one agreed to accept their brief, he would have to face dire consequences. They tried their best to engage some advocate at Ludhiana for them. No advocate at Ludhiana agreed to accept their brief because of the influence of A.N. Bhardwaj being wielded in the Bar. Consequently, a lawyer was engaged by them from Chandigarh who put in appearance on 30.10.1998. Case was adjourned to 16.12.1998 for filing of the written statement. No other defendant has put in appearance in the case but for him (Nikhil Sharma). A.N. Bhardwaj got the other defendants proceeded ex parte with the exercise of his influence. No procedure as laid down in the Code of Civil Procedure was followed to ensure proper service on the other defendants. Neither process for service on them was sent to Dehra Dun nor substituted service was resorted to, on them. It is alleged that the petitioner is apprehending that because of the influence of Sh. A.N. Bhardwaj, court will lean in his favour and decree the suit. This apprehension has arisen in his mind be
