IN THE HIGH COURT OF SII(KIM AT GANGTOK (CIVIL JURISDICTION) ) DATED : 12.10.2010 CORAM HON'BLE MR. JUSTICE P.D. DINAl(ARAN, CHIEF JUSTICE Civil Revision Petition No. 02 of 2010 Ruth Karthak Lapchani, r/o P.S. & P.O. Singtam, East Sikkim. ... Revisionist petitioner -versus- Sri Chewang Dorjee Bhutia, s/o Kunzang Dadul Bhutia, r/o P.S. & P.O. Rabangla, S. Sikkim. For the petitioner For the respondent Dinakaran, CJ ... Respondent : Mr. A. Halim, constituted attorney for Ruth Karthak Lepchani, Revisionist-petitioner. : Mr. Chewang Dorjee Bhutia, respondent in person. JUDGMENT The above revision petition is directed against the order dated 03.05.2010 passed in Title Suit No. 01 of 2009 by ±S---... the learned District Judge, South and West Districts at Namchi against the revision petitioner herein, The order dated 03.05.2010 reads as hereunder: ``Plaintiff present in person. Defendant No. 1 absent. Summons issued to her returned unserved with the report that the summonee refused to accept the summons on the ground that she is unwell and proceeding to Kolkata for treatment. Defendant Nos.2 and 3 present through Ld, Govt. Advocate Shri J.B. Rai assisted by Ld. Advocate Ms. Anita Sherpa. Date is fixed for appearance of parties. That on 5.4.2010 summons have been issued to all parties to appear before this Court in order that they could be informed that as reflected in order dated 14.03.2008, passed by me in my capacity as Civil Judge-cum-CJM (S/W) the Defendant No. 1 had filed a petition expressing reservations about me hearing the matter. The case was thus forwarded to • the Ld. District Judge, (S/W) for further orders. Thereafter the then Ld. District Judge (S/W) vide order dated 26.3.2008 had forwarded the case to the Court of Ld. Civil Judge, Gyalshing, West Sikkim. Subsequently the Defendant No. 1 again filed a petition before the Judicial Magistrate, West at Gyalshing stating that the Court is "biased" against her. Hence the file was once again forwarded to this Court for further orders vide order dated 9.3.2010. That being the position and in view of the said orders, I am therefore unable to her the matter. Case file therefore be forwarded to the Hon'ble High Court for further orders please. In the meantime defendant No. 1 who is absent today be informed accordingly. Sd/- (Mrs.. K.C. Barphungpa) District Judge (S/W) Namchi." The then learned District Judge, South & West Districts at Namchi, Mrs. K.C. Barphungpa who passed the order 89--- pin/jk dated 03.05.2010 has hence been transferred and posted as District & Sessions Judge (Special Division-I) at Gangtok and Mrs. Meenakshi M. Rai is transferred and posted as District and Sessions Judge, South and West Districts at Namchi. Therefore, the apprehension of the petitioner, that the learned I.udicial officer who tried the Title Suit No. 01 of 2009 would be biased does not survive. Hence no order is required ex.cept to direct the present learned District & Sessions Judge, South and West Districts at Namchi to try the case on priority basis as the revision petitioner, who is defendant in the suit is a senior citizen and further to pass appropriate decree in the light of the evidence, oral and documentary, within 90 days from the date of receipt of this Order. The revision is ordered accordingly. The District and Sessions Judge, South and West Districts at Namchi shall also send a report in compliance of the above order. \`.S--`....- (P.D. DINAKARAN) CHIEF JUSTICE 12.10.2010 Index Internet ffi7#.