TA No.415 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.415 of 2010 Date of decision:3.3.2011 Hari Chand and others ...Applicants Versus Ram Sharan Singh etc. ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.K.G.Chaudhary, Advocate, for the applicants. Mr.R.M.Singh, Advocate, for the respondents. JITENDRA CHAUHAN, J. The present application has been moved under Section 24 of the Code of Civil Procedure for transfer of Civil Suit titled `Ram Sharan Singh and another Vs. Hari Chand and others' from the court of Additional Civil Judge (Senior Division), Balachaur to the court of competent jurisdiction at Hoshiarpur. The only reason stated for filing the present application is that the respondent No.2 is a practising Advocate at Balachaur and therefore, the trial Court is helping the respondents. It is also the case of the applicants that no Advocate at Balachaur and nearby the courts is willing to defend their case. TA No.415 of 2010 2 I have heard the learned counsel for the parties. There is no document on record which supports the assertion raised by the learned counsel for the applicants. Mere apprehension bereft of any proof is not sufficient to transfer the case from one court to another. Merely the fact of respondent No.2, being an Advocate, is not sufficient to conclude that he is in position to exert influence upon the Court. A similar view has also been taken by this Court in D.A.V.College, Hoshiarpur Society (Regd.) and another vs. D.M.Sharma and others, 2005 (1) L.J.R. 154'. The applicants have made aspersion, in para 4 of the petition, on the court by stating as under:- “4......All this is being done at the instance of the plaintiff/respondent No.2 who is a practising advocate in the Trial Court where the suit has been filed and even the Trial Court is helping the plaintiff being practising advocate by going out of the way.” I have no hesitation in observing that the allegations made by the applicants against the court are undesirable and uncalled for. The applicants are duly represented, which is apparent from the reply, filed on behalf of respondent, the assertions of the applicants are against the record. Accordingly, the present application is dismissed with costs of `10,000/-, which is to be deposited by the applicants with the Punjab State Legal Services Authority, Sector-22D, Chandigarh within one month from the date of receipt of a certified copy of this order. TA No.415 of 2010 3 A copy of this order be sent to the Member Secretary, Punjab State Legal Services Authority, Sector-22D, Chandigarh, for information and necessary action. 3.3.2011 (JITENDRA CHAUHAN) mk JUDGE Note: Whether to be referred to the Reporter? Yes / No