Civil Revision Petition under Section 115 CPC Maintained; Bias Allegations Against Presiding Officer Dismissed
In a significant ruling, the Karnataka High Court, presided over by Justice R. Devdas, has allowed a Civil Revision Petition filed by Ekta Kukreja and others, quashing the order of the Principal City Civil and Sessions Judge, Bengaluru, which had transferred two ongoing suits and a miscellaneous case to a different court. The High Court's decision reaffirms the maintainability of a revision petition under Section 115 of the Civil Procedure Code (CPC) against orders passed under Section 24 CPC, considering such orders as final disposal of proceedings.
The case originated from a dispute involving specific performance of an agreement and a permanent injunction related to a property transaction. The suits in question, O.S.No.1453/2024 and O.S.No.2897/2024, alongside Misc. Case No.576/2024, were transferred from one court to another by the lower court based on allegations of bias against the presiding officer. The allegations were made by the respondents, M/s Srinivasa Trust, who claimed the presiding officer showed bias by refusing adjournments.
Justice Devdas, however, found no merit in the allegations of bias, emphasizing that the presiding officer's insistence on proceeding without unnecessary adjournments aligned with the High Court's previous directives for timely case disposal. The judgment noted that transferring the cases at an advanced stage would only delay proceedings further, as a new presiding officer would require additional time to familiarize themselves with the case details.
The High Court also addressed the procedural aspect, clarifying that under existing legal interpretations, specifically referencing a Division Bench ruling from the Allahabad High Court, a transfer application falls under "other proceedings" and is subject to revision since it constitutes a "case decided." This decision counters arguments presented by the respondents citing previous judgments from the Kerala and Gujarat High Courts, which had questioned the maintainability of such revision petitions.
By setting aside the lower court's transfer order, the High Court directed the trial judge to proceed with concluding the pending suits and miscellaneous case expeditiously, within three months of the next hearing date, as previously ordered.
Bottom Line:
Civil Revision Petition under Section 115 CPC is maintainable against an order passed under Section 24 CPC for transfer of suits, as it amounts to final disposal of proceedings.
Statutory provision(s): Section 115 CPC, Section 24 CPC
Ekta Kukreja v. M/s Srinivasa Trust, (Karnataka) : Law Finder Doc id # 2872722
