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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

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113 CR-9741-2025 (O&M)

Date of Decision.:23.12.2025

Gurkirpal Singh …..Pe55oner

Vs.

Kanwaljit Kaur and another .….Respondents

CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:- Pe(cid:10)(cid:10)oner – Gurkirpal Singh in person.

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DEEPAK GUPTA, J. (ORAL)

Civil Suit No. CS-1347-2018 (cid:10)tled “Gurkirpal Singh vs. Kanwaljit

Kaur and another”, ins(cid:10)tuted by the pe(cid:10)(cid:10)oner, is pending adjudica(cid:10)on

before the Court of Ms. Dazy Bangarh, learned Civil Judge (Senior Division),

Ludhiana. The pe(cid:10)(cid:10)oner moved an applica(cid:10)on seeking transfer of the said

suit to another Court, which came to be dismissed by the learned District

Judge, Ludhiana vide order dated 29.11.2025. The said order is under

challenge in the present pe(cid:10)(cid:10)on.

2. Pe(cid:10)(cid:10)oner, arguing in person, contends that the learned trial

Court had passed an interim order dated 15.09.2025 based upon the

pleadings of the pe(cid:10)(cid:10)oner and the reply filed by defendant No.1. It is

alleged that the said reply contained false and manipulated asser(cid:10)ons and

suppressed certain documents. On this premise, the pe(cid:10)(cid:10)oner claims to

have lost faith in the Court and asserts that he does not expect fair jus(cid:10)ce,

necessita(cid:10)ng transfer of the suit to another Court of competent

jurisdic(cid:10)on.

3. The learned District Judge, while considering the transfer

applica(cid:10)on under Sec(cid:10)on 24 CPC, called for comments from the Presiding

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Officer concerned. Upon examina(cid:10)on, it was found that the interim order

dated 15.09.2025 had been passed a=er affording opportunity of hearing

to both par(cid:10)es and on the basis of material available on the record. It was

further no(cid:10)ced that the pe(cid:10)(cid:10)oner had earlier also moved a similar transfer

applica(cid:10)on seeking transfer of the same suit from the Court of Ms. Navneet

Kaur, learned Civil Judge (Junior Division), Ludhiana, which had already

been dismissed on 21.08.2024. Observing that li(cid:10)ga(cid:10)on cannot be

conducted at the whim of a party and that mere apprehension of an

adverse order does not furnish a valid ground for transfer, the learned

District Judge dismissed the applica(cid:10)on.

4. This Court does not find any illegality, perversity, or

jurisdic(cid:10)onal error in the approach adopted by the learned District Judge.

5. The power of transfer under Sec(cid:10)on 24 CPC is discre(cid:10)onary in

nature and is required to be exercised sparingly, only when such transfer is

expedient for the ends of jus(cid:10)ce. It is well seAled that the paramount

considera(cid:10)on while dealing with a transfer applica(cid:10)on is not the subjec(cid:10)ve

sa(cid:10)sfac(cid:10)on or convenience of a li(cid:10)gant, but the larger interest of

administra(cid:10)on of jus(cid:10)ce and public confidence in the judicial process.

6. Hon’ble Supreme Court in Dr. Subramaniam Swamy vs.

Ramakrishna Hegde, AIR 1990 SC 113, has categorically held that transfer

of a case cannot be ordered merely on the basis of unfounded

apprehensions or dissa(cid:10)sfac(cid:10)on of a party with judicial orders passed

against him. The apprehension must be reasonable, bona fide, and

supported by cogent material indica(cid:10)ng likelihood of failure of jus(cid:10)ce.

7. The issue of making reckless allega(cid:10)ons against Presiding

Officers while seeking transfer has been deprecated by the Hon’ble

Supreme Court in Jaswant Singh vs. Virender Singh and others, AIR 1995

SC 520, wherein it was held that cas(cid:10)ng aspersions on the integrity or

impar(cid:10)ality of a Judge merely because a li(cid:10)gant has failed to secure a

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favourable order amounts to an aAempt to browbeat the Court and

interfere with the administra(cid:10)on of jus(cid:10)ce. Such conduct cannot be

cou