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Suraj Kanwar & Anr. vs. Himmat Singh & Ors.

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Code of Civil Procedure, 1908–Sec. 24–Transfer application–Rejection of–Appreciation–Observation of District Judge that the suit was filed in the year 1991 and the same is pending for more than 30 years–Allegation that personal comments have been made on the parties or their advocates, appear to be false and baseless–Petitioner’s Advocate who was appearing in some other execution had refused to argue and levelled intemperate comments against the Presiding Officer that he even does not know the law, etc. and even started shouting–No comments were made by the Presiding Officer during the cross-examination of witness DW-1–Further, the allegation of favouring is also found false–Specific observation that the application was filed to delay the proceedings–Neither the transfer application filed with the lower Court nor any order passed in it was submitted before the District Judge–Petitioner sought the transfer of case on the frivolous grounds–Held, the application was rightly dismissed.