The court reaffirmed that mere inconvenience is insufficient for transferring a case; bias or denial of justice must be established.

ORDER

The prayer in this case is to transfer OS.No.21 of 2021 pending before the Sub Court, Thiruvalla to the Principal Sub Court at Ernakulam or other Sub Courts in Ernakulam, Alappuzha. The reason stated is that the petitioners do not expect that they will get a fair trial in the Court where it is pending consideration. It is also stated that the petitioner’s experience while attending the court was very unpleasant and the Court had expressed its opinion in favour of the defendant in the suit. It is also submitted that the Presiding Officer is proceeding in a very hasty manner to see that the cases are posted at the earliest by avoiding tendering of evidence.

2. This Court had initially stayed further proceedings in OS.No.21 of 2021 and also directed the Registry to call for the B diary relating to the suit and the details regarding the postings of the case during December, 2025 and January, 2026. A report has been received along with the B diary and the details of the posting of the case. It is stated in the report that the copy of the order of the suit in OP(C) No.2181 of 2025 was received on 17.09.2025. The proceedings have been stayed as per the order. In the above circumstances, when the case came up for consideration on 18.09.2025, it was posted on 04.12.2025. The case was later posted on 12.12.2025 since 04.12.2025 was declared as a holiday. It is stated that on that day, the counsel for the defendant had produced a copy of the judgment dated 13.11.2025 in OP(C) No.2181 of 2025, whereby this Court had set aside the order in IA.No.15 of 2025 and directed the court to permit the 2^nd plaintiff to be examined as witness and to mark documents. The case was later posted on 12.01.2026 for examination of the 2^nd plaintiff. On 12.01.2026, a submission was made before the Court by the counsel for the defendant that the proceedings have been stayed. In the above circumstances, the case was listed on 03.02.2026 awaiting orders of this Court. In the meanwhile, copy of the order of this Court in this transfer petition was also received by the court below on 16.01.2026. It is stated that it is in the above circumstances that the case stands adjourned to 24.03.2026 awaiting orders.

3. The proceedings do not indicate any haste on the part of the Judicial Officer and the Judicial Officer has been acting as per directions issued by this Court in several orders. I do not find any reason to accept the allegation of bias against the Judge, merely because the Court expressed concerns regarding a case which is pending. It can only be as an attempt to ensure transparency in the hearing process. There is nothing wrong if a Judge expresses his mind to the counsel on either side, so that they can address the Court and alleviate any doubts in the mind of the Judge.

4. The counsel for the petitioner relied on the judgment in D.A.V. Boys Sr.Sec.School and Ors vs. DAV College Managing Committee [ (2010) 8 SCC 401 ], wherein the Hon’ble Supreme Court had laid down the principles to be followed while considering a petition for transfer of the suit. The Hon’ble Supreme Court after referring to the decided case laws on the issue, held that for the purpose of maintaining a fair trial, the Court can exercise its power and transfer the proceedings to an appropriate Court and the mere convenience of the parties will not be sufficient to exercise the power. The Court also said that it must be shown that trial in the chosen forum will result in denial of justice. No such grounds have been made out.

In the result, the transfer petition fails and is dismissed.

Sd/-