AIR 1957 PATNA 198

Patna High Court

Hon'ble Judge(s): Raj Kishore Prasad , J

(A) Civil P.C. (5 of 1908) , S.151, S.24— Application for transfer - Amendment. Constitution of India , Art.227— The High Court has ample powers to pass necessary and effective orders, in appropriate cases under S. 24. Therefore, the mere fact that an application for transfer also falls within the ambit of Art. 227 of the Constitution is no ground for allowing the amendment merely ex abundanti cautela(Para 4) Anno : AIR Com. C.P.C. S. 24, N. 1; S. 151, N. 2. (B) Civil P.C. (5 of 1908) , S.24— Grounds of transfer - Reasonable apprehension. If there are circumstances in a case which raise a reasonable apprehension in the mind of the person applying for transfer that he would not receive fair dealings at his trial or, in other words, that he may not have a fair and impartial trial, and may get justice in the Court, where the suit is pending the case should be transferred. In such a case in order to decide whether the facts and circumstances are sufficient to raise such a reasonable apprehension in the mind of the party applying for transfer, the Court should put himself in such a party's armchair.(Para 17) Anno : AIR Com. C.P.C. S. 24, N. 13, Pt. 9. ....