The Punjab And Haryana High court in the case Raj Bala and another v. Rishabh Birka & others observed and has stated that heated exchange with the presiding of officer of a court alone, cannot be the reason for seeking transfer to another court.
The bench headed by Justice Vikram Aggarwal in the case observed and has stated that it needs to be kept in mind that during the course of arguments, at times, though not called for, temperatures do run high. Thus, the same alone would not be the reason enough for an apprehension to crop up in the minds of any of the parties that they would not get justice from the concerned Court.
Further, it has also been clarified by the bench that the same time, it is for the Presiding Officers also in order to ensure that no such acts of theirs gives rise to such an apprehension and the members of the bar also expected to maintain decorum in the Court.
In the present case, the petition was moved seeking transfer of a civil suit for specific performance to another Court.
The petitioner in the plea submitted before the court that he was being denied the opportunity to argue against an application under Order VII Rule 11 CPC filed by the opposite party, which raised an apprehension in their minds that they would not get justice. The plea stated thar some heated exchange of words took place between the Civil Judge and the petitioners.
The court was hearing an application for transfer plea by the Gurugram District Court was rightly being rejected. Further, the court opined that the heated exchange between the advocate and the judge cannot be the reason alone to transfer the case. Accordingly, the court rejected the transfer plea.
The counsel, Advocate Vaibhav Naran appeared for the petitioner.
