THE Gujarat High Court has refused to interfere with an order of the Rajkot principal district judge to transfer a civil suit from one magistrate to the other after the first magistrate wrote a confidential letter to him after reserving pronouncement of judgment on the suit. The court also held that if a party is aggrieved by the transfer order it may approach the HC on the administrative side. A petition in this regard was moved before by Sai Developers and one Doli Patel. According to the petitioners,the civil suit in question was going on in the court of 14th Additional Senior Civil Judge. This magistrate after conducting hearing and dictating half of the judgment wrote a confidential letter to the Principal District Judge on May 11,following which the suit was transferred to the court of another magistrate. The petitioners challenged the transfer before the HC contending that the arguments were heard,judgment was even part dictated and was kept for pronouncement of the remaining judgment. Since vacation was there,both sides had given purshis that they do not have any objection if judgment is pronounced in vacation. And at that stage,the transfer order was passed,which was not only without any provisions under the Code of Civil Procedure,but also against settled position of law,they argued. They also contended that the exercise of administrative powers by the principal district judge to transfer the suit to another court was unjust and illegal. However,the HC turned down the petition while observing,.discretion exercised by the learned Principal District Judge on administrative side,that too by referring to the confidential letter of the Judge from whose court the matter is transferred,does not call for any interference. it is open to the petitioner to move the High Court on administrative side,if he so desires.
