TA No.104 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.104 of 2011 Date of decision:11.7.2011 Mohamaad Rafi ...Applicant Versus Surinder Pal ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.R.K.Chauhan, Advocate, for the applicant. Mr.Arun Takhi, Advocate, for the respondent. -.- JITENDRA CHUAHAN, J. The present application has been preferred under Section 24 of the Code of Civil Procedure, praying for the transfer of the Civil Suit No.66/2008 titled as `Surinder Pal and others Vs. Jan Mohammad', from the Court of learned Civil Judge (Sr. Divn.), Hoshiarpur, to the Court of competent jurisdiction at Jalandhar or SBS Nagar. Brief facts leading to the filing of the present application are that father of the applicant, Jan Mohammad, agreed to sell the land in dispute to the respondent and received a sum of Rs.5 lacs as earnest money. The agreement to sell was to be executed before 31.12.2005. However, the same could not be executed. The respondent filed a civil suit. After receiving notice of the civil suit, the father of the applicant, Jan Mohammad, died on 10.8.2008. The respondent intentionally did not implead the legal TA No.104 of 2011 2 representative(s) of Jan Mohammad in the civil suit and the ex parte proceedings were taken against the applicant. It is also averred in the application that the suit filed by the respondent is false and fabricated. The respondent before filing the suit filed a complaint against the applicant, before the Police of Economic Wing. An enquiry was conducted by the DIG, Jalandhar Range, in which the applicant was found innocent. The respondent also filed a complaint against the applicant in the court at Hoshiarpur, which was subsequently withdrawn. In the present application, the ground for transfer of the suit in question is mainly that respondent No.1, and his wife, are practicising lawyer and on account of their influence, he is not able to engage any counsel to represent him. The applicant engaged one Shri Manu Kaushal, Advocate, and subsequently Shri Satpal Bharwal, Advocate, for contesting his case, but both of them, after accepting the brief, refused to appear in the case against the respondent. His effort to engage another lawyer also did not materialize. In this background, the present application has been filed. I have heard the learned counsel for the parties. Though being an Advocate is not a disqualification, however, keeping in view the fact that the respondent did not implead the legal representative(s) of Jan Mohammad, and the applicant has specifically named the counsel, who after accepting the brief of the applicant showed their inability to defend his case, therefore, the apprehension on the part of the applicant is not without merit. The applicant is an illiterate person. It is one of the principles of administration of justice that justice should not only be done but it should be seen to be done. The assurance of a fair trial is the first imperative of the dispensation of justice. In the circumstances, the TA No.104 of 2011 3 present application deserves to be allowed. In view of the above, the application is allowed. The Civil Suit filed by the respondent titled as `Surinder Pal and other Vs. Jan Mohammad' is withdrawn from the court of learned Civil Judge (Senior Division), Hoshiarpur and is transferred to the court of competent jurisdiction at Jalandhar. The entire record pertaining to the civil suit shall be sent by the trial Court at Hoshiarpur to the learned District Judge, Jalandhar, within three weeks, who will entrust it to any other court of competent jurisdiction. The Parties are directed to appear before the District Judge, Jalandhar, on 12.8.2011. 11.7.2011 (JITENDRA CHAUHAN) mk JUDGE