Bias : looking for exactly fitting citation for transfer u/s 24 of cpc

Sakshi Sakshi (Querist) 01 December 2013 This query is : Resolved
Looking for exactly fitting citation for transfer u/s 24 of CPC.

Case about .... sudden bitterness & hostility between the litigant(respondent) and the judge (who is hearing the pending case)

Litignat being aggrieved by the conduct of judge and the handling of case/passing of orders so far, goes to REgistrar general of High court and formally makes the complaint with crisp details. "Complaint acknowledged for further enquiry."

the litigant, without wasting any time, also informs the opposite party & also the lower court judge about the same in writing and asks for adjournment. "adjournment granted."

the litigant files transfer petition before district court/court of principle judge to transfer the pending suit.

Reason for transfer: proceedings herein afterwards would NOT be fair/impartial, if conducted before same judge, as there is this new rivalry/animosity between the referee and respondent in 'original pending suit'.

Even though trial court judge gives comment in writing that 'act of filing complaint against me has not disturbed/perturbed me ....' still the situation does not give confidence of fair play/impartial trial as 'complaint before reg. general is related to the conduct of same judge in the same pending trial in the past'.

please note:
I am looking for exact fitting caselaw.
"jusice is not to be done but it should be seen to be done".

above situation is NOT like "nobody should be the judge of his own case" (district court is hearing the transfer petition and NOT the trial Court!!)

.... it is case case of 'actual' personal bias(and also self serving bias) and also apprehension/'danger of' personal bias due to acrimony/ animosity/ bitterness between the respondent-litigant and the trial court's judge/arbitrator and this is arising out of 'respondent's act of filing of complaint by litigant against the judge to whom the litigant has to face his trial'.

here, the judge is also the opposite party in the complaint made before registrar general simultaneously. so there is likely hood of even more harassment of litigant-respondent in even more subtle manner. (the very complaint is about the harassment by the judge in pending suit proceedings so far)

Please help.

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Rajendra K Goyal (Expert) 01 December 2013
Citation is not provided at this section. Search Indiankanoon.com or google.

ajay sethi (Expert) 01 December 2013
we dont provide citations . you have to do your own research

Sakshi Sakshi (Querist) 01 December 2013
at least give suggestion if you have.

there seems no citation so far.

Is the above situation infringing 'equality before law? 'fair and impartial trial' and any further proceedings as to SUIT B ought to get vitiated vide 'rule against bias'?

Is the above situation sufficient to convince DC for transfer of SUIT B to another court?

Devajyoti Barman (Expert) 01 December 2013
Yes, you can try for transfer of the proceeding.

T. Kalaiselvan, Advocate (Expert) 02 December 2013
The reasons stated to be are sufficient for seeking transfer of this case to some other court, you can also add one more sentence that the case is being handled in a pre-determinedway, the litigant apprehends that proper justice may not be rendered hence this petition for proper adjudication.