Appeal from Distt. Judge

Querist : Anonymous (Querist) 01 November 2010 This query is : Resolved
I have applied to the Distt. Judge to transfer my suit from the Trial Court Judge (Faridabad) to another court on the ground that the Trial Judge without reading my Review Application remarked that “he is going to dismiss it anyway” and he did dismissed it with cost of Rs.2000/. I believed that this is direct/real act of bias and that I will not be receiving fair trial from this judge..

Distt. Judge dismissed my application with cost of Rs.10,000/ basing his decision purely on the oral evidence of the respondents ignoring documentary evidence provided by me, rulings of the High Court and Supreme Court in a similar relevant case and the principles of sub-juidice and res-judicata.

The hearing took place on 10/09/2010 in my absence I was abroad despite my written requests to the court to hear my application in December as I am undergoing medical examinations to be completed in November. My advocate did not inform me of the hearing date despite my numerous approaches.

Could you please advise me the appeal procedure against dismissal of the transfer and the cost imposed.

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adv. rajeev ( rajoo ) (Expert) 01 November 2010
You have to approach the high court against the order of the dist., court.

Kiran Kumar (Expert) 01 November 2010
you will have approach the HC, since you belong to Faridabad so you will have to approach Punjab and Haryana High Court at Chandigarh.

A revision petition will lie against the impugned order.

Devajyoti Barman (Expert) 01 November 2010
Yes , you have to file revisional application before the high court challenging such order and given the merit of the order , the same should be set aside.

G. ARAVINTHAN (Expert) 02 November 2010
High Court is the next appellate court to District Court

Advocate. Arunagiri (Expert) 02 November 2010
You are blaming your counsel, but how do you know about the submissions made by him.
Your presence is not necessary for hearing the transfer petition.
You have every opportunity in the HC appeal.

s.subramanian (Expert) 02 November 2010
I agree with Mr.Kiran and Mr.Arunagiri.

DEFENSE ADVOCATE.-firmaction@g (Expert) 02 November 2010
Your approach from begining is itself biased , since the court did not pass orders as per your wishes so you are calling it biased.

And how do you expect any court just to postpone because you will be medically examined abroad.

And what you could have done by your presence since the matter was being conducted by your advocate.

pawan sharma (Expert) 02 November 2010
Transfer petition was decide by the Dis.Judge in his Administrative power so no appeal is lie against this order but you can file the writ before the High Court.

Kirti Kar Tripathi (Expert) 03 November 2010
agree with Pawan, only writ can be filed.

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