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Calcutta High Court
Dwarka Nath Sen vs Tara Prasanna Sen And Ors. on 14 December, 1914
Equivalent citations: 33 Ind Cas 797
Bench: D Chatterjee, Chapman


1. These two cases arise out of two applications for re-hearing made before the first Munsif of Narail. On the 14th May 1914, the first Munsif wrote to the District Judge of Jessore that subsequently, to the trial of the original case he had come to know that a friend of his was interested in the case and that ho would rather not try these cases. He also said that he understood that the 3rd Munsif was also similarly interested. He, therefore, requested that the case might be transferred to the Court of the 2nd Munsif. On the 20th of May the defendant made an application to the District Judge stating that the 2nd Munsif was also interested; and without any notice to the plaintiff the learned District Judge passed an order transferring the case to the 3rd Court of the Munsif at Jessore. The order made is objected to, and we think rightly objected to, on two grounds. The first is that the petitioner before the learned District Judge was allowed to make an allegation against a judicial officer and although neither that judicial officer nor the party interested in opposing the application had any notice of the application, an order was passed for the transfer of the case; and secondly, that no order ought to have been passed for transfer without notice to the plaintiff, as it was a matter in which the convenience of the parties was of very great importance. We think that both these grounds are of substance and ought to prevail. The plaintiff complains that he would be under very great inconvenience if the cases are transferred to Jessore; that may probably be. Besides, the statements made with regard to the 2nd Munsif of Narail have not been made a subject-matter of enquiry or investigation. In any case, we think that this is a case in which the order for transfer should not have been made without notice to the plaintiff.

2. We set aside the order of transfer and send back the cases to the learned District Judge in order that he may dispose of them after bearing the plaintiff and also considering the objection that circumstances have changed since the last order was passed. We make no order as to costs.

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