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VIVEK JAIN
Mahesh Prasad Sen (Napit) – Appellant
Versus
Dhannulal Namdev – Respondent
ORDER
1. The present petition has been filed under Article 227 of the Constitution of India being aggrieved by the order annexure P-1, dated 8.8.2023 passed by the Principal District Judge, Anuppur. By the said order, the Principal District Judge rejected application of petitioner filed under section 24 (5) of the Code of Civil Procedure for transferring the pending Civil Suit No. 20-A/2021 from the Court of a particular Civil Judge, Senior Division, Anuppur to some other Court. The petitioner has submitted that the petitioner is the plaintiff in the said suit.
2. The learned counsel for the petitioner has submitted that earlier also there was a litigation between the same parties and for executing the final judgment passed therein, execution proceedings are pending at case No. Ex. 1/2020 before the same Court. Therein the same presiding officer passed certain orders prejudicial to the interests of the present petitioner and on 24.4.2023, possession warrant was ordered to be issued against the petitioner. The counsel for the petitioner submits that this order passed in execution was legally incorrect, hence, the petitioner challenged the said order in MP No. 2723/2023 wherein this Co
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.
Point of Law : One of principles of administration of justice is that justice should not only be done but it should be seen to have been done.
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.
Transfer of cases requires reasonable grounds for bias; mere apprehension is insufficient without substantiation.
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