Case Note & Summary
The dispute originated from two civil suits: O.S.No.1453/2024 filed by respondents for specific performance of an agreement dated 13.03.2023, and O.S.No.2897/2024 filed by petitioner No.1 for permanent injunction after purchasing the suit property from respondent No.3. The High Court had earlier directed disposal of both suits within one year in MFA No.6603/2024, which was later extended with costs imposed on respondents for causing delays through multiple applications and adjournments. Respondents filed Misc. Case No.785/2025 under Section 24 CPC seeking transfer of suits from CCH-2 to another court, alleging bias by the presiding officer. The Principal City Civil and Sessions Judge allowed the transfer petition. Petitioners challenged this order through civil revision petition under Section 115 CPC. The core legal issue was whether revision under Section 115 CPC is maintainable against a transfer order under Section 24 CPC. Respondents argued it was not maintainable, citing Kerala and Gujarat High Court decisions. Petitioners relied on Allahabad High Court Division Bench decision in Babusingh case. The court analyzed Section 115 CPC which empowers superior court to revise orders in 'case decided' in original suit or 'other proceedings' where no appeal lies. The court agreed with Allahabad High Court's interpretation that transfer application under Section 24 CPC is 'other proceedings' and order passed thereon is a 'case decided' as it finally disposes of the application. On merits, the court found respondents had not disclosed their transfer application when seeking extension of time before High Court, and the presiding officer's insistence on proceeding without adjournments was to comply with time-bound disposal directions, not bias. Transferring to another court would delay proceedings as the current presiding officer was conversant with facts. The court allowed the revision petition, quashed the transfer order, and directed the trial court to conclude proceedings within three months as per earlier directions.
Headnote
A) Civil Procedure - Revision Jurisdiction - Maintainability of Revision Against Transfer Order - Code of Civil Procedure, 1908, Sections 115, 24 - Civil revision petition was filed challenging transfer order under Section 24 CPC - Respondents raised preliminary objection regarding maintainability - Court held that transfer application under Section 24 CPC is 'other proceedings' and order passed thereon is a 'case decided' as it disposes of the application finally - Since no appeal lies against such order, revision under Section 115 CPC is maintainable - Court agreed with Division Bench of Allahabad High Court in Babusingh case (Paras 7-10). B) Civil Procedure - Transfer of Cases - Grounds for Transfer - Bias Allegations - Code of Civil Procedure, 1908, Section 24 - Respondents sought transfer alleging bias by presiding officer due to oral remarks and insistence on proceeding without adjournments - Court found presiding officer was trying to avoid unnecessary adjournments to comply with High Court's direction for time-bound disposal - Such action cannot be construed as bias - Transfer would delay proceedings as new judge would need time to understand facts - Held that matters should not be transferred (Paras 11-12).
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Issue of Consideration: Whether a civil revision petition under Section 115 of the Code of Civil Procedure is maintainable against an order passed under Section 24 of the Code of Civil Procedure transferring suits from one court to another
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Final Decision
Civil Revision Petition allowed. Impugned order dated 21.02.2026 passed by Principal City Civil and Sessions Judge in Misc.No.785/2025 is quashed and set aside. Trial court directed to conclude proceedings in O.S.No.1453/2024, O.S.No.2897/2024 and Misc. No.576/2024 within three months from next date of hearing as per order dated 28.11.2025 in MFA No.6603/2024.
