An argument with the judicial officer is not a ground for transfer of the case: Punjab & Haryana High Court
Raj Bala
Vs.
Rishabh Birla
2023:PHHC:110117
Coram HON’BLE MR. JUSTICE VIKRAM AGGARWAL
DATE: 23.08.2023
FACTS:
The information derived from the revision petition outlines the following scenario: Respondents number 1 and 2, who are plaintiffs, filed a civil lawsuit with the intent of securing possession through specific performance, in addition to seeking a declaration and permanent injunction. This lawsuit was directed against the current petitioners and the nominal respondents number 3 and 4. One of the nominal respondents, number 3, submitted an application under Order VII Rule 11 of the Code of Civil Procedure (CPC). During the presentation of arguments, the present petitioners also requested an opportunity to present their arguments concerning this application. However, they claim that the Court denied them this opportunity. This denial raised concerns among the present petitioners about receiving a fair trial from the Court. It appears that there was a somewhat heated exchange of words as well. In light of these circumstances, the petitioners decided to file a transfer petition, which the District Judge of Gurugram dismissed. This dismissal prompted the submission of the current revision petition.
COURT ANALYSIS AND DECISION:
The judge did not identify any unlawfulness in the decision made by the District Judge in Gurugram. In fact, the decision is comprehensive and well-justified. It is important to consider that during arguments, emotions can occasionally escalate, although it may not be intentional. Nonetheless, this by itself cannot be sufficient grounds for any party to develop concerns that they won’t receive a fair ruling from the respective court. Conversely, it’s the duty of the presiding officers to ensure that their actions don’t contribute to such concerns. Simultaneously, members of the legal profession are also expected to maintain proper conduct within the courtroom.
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Written by- Srijan Garg