Damayanti (Unemployed) 17 February 2014

Remedies of stay of proceedings until inquiry is concluded

Which Court is competent (e.g, District Court or HC in the context) to Order following and under which provisions of CPC or articles of COI respectively for for district Court or HC.

There is need to "stay the proceedings of suit" which is pending before trial Court/civil Court until the inquiry is completed/concluded and the complaints, which are made by the litigants in the suits and the complaints are made against the very civil court trial Judge in the context of same pending suit who is hearing the said pending suit, are disposed of.

Is there such remedy available?

Is it not a breach of rights of litigants if they are made to appear before same judge against whom litigants have made complaints in the context of the same suit and the complaints are pending (but might have been kept on a back burner).

If complaints get disposed of and judge comes out clean of allegations, then litigants have no objection to appear before the same judge, but NOT until the complaints are disposed of.

This is not a case of extra judicial bias. cntroversy arose due to conduct of judge while hearing the case and his judgements are arbitrary beyond doubt.

During the course of litigation, due to unruly behaviour of judge the litigants resorted to filing complaints at HC.

What is the remedy to excuse litigants from appearing before same judge during pendency of complaints?

Please advise

Thanks

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1 Replies

Chellapandian (Legal Consultant) 17 February 2014

There are more than one remedy for your Case:

Option 1: Transfer of suit

According to the below provision you can transfer the suit by initiating necessary transfer proceedings through district court (if in case your case trailed under any subordinate within the jurisdiction of the same district) else in high court (if in case if your case is trailed by district court (PDM or ADM or Fast Track DM ) to the court where you feel unbiased judgement is feasible.

You can also seek a stay on the suit in the same court until the transfer petition is decided.

CPC :

24. General power of transfer and withdrawal— (1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage—

(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or

(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and—

(i) try or dispose of the same; or

(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or

(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn

(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which [is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the case of any order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.

(3) For the purposes of this section,—

(a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court;

(b) "proceeding" includes a proceeding for the execution of a decree or order.]

(4) the Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.

(5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it.]

Option 2: Invoke the Inherent powers to stay the proceedings until disposal of enquiry (only when you establish the fact that there is an impact for your case due to the enquiry)

note:Ony applicable when the hon'ble HC have initiated any inquiry proceedings against the proceeding officer in your case.

I would strongly recommend option 1.

Thanks,

Chellapandian.K