Masodkar, J. - (1.)This Letters Patent Appeal is directed against the order made by the learned single Judge of this Court in the proceedings which were initially filed by writ petition bearing Writ Petition No. 1835 of 1981 and which came to be reumbered as Miscellaneous Civil Application No. 9 of 1982. The proceedings taken before the learned single Judge of this Court, initially invoking the constitutional jurisdiction and, thereafter, the poweres of the Court under Section 24, C. P. C., 1908, relate to a suit filed by the respondent in the Court of Small Causes at Bombay bearing R. A. B. & R. Suit No. 627/2240 of 1980. By the impugned order, the said suit has ben transferred from the court of Mr. S. B. Desai to any other Judge of the Court of Small Causes. The appellants are the defendants in that suit.
(2.)It appears and it is not in dispute that before the learned single Judge of this Court, the whole proceedings of the said suit were put in question so as to show that the plaintiff-suitor harboured reasonable apprehension that he would not get justice from the Court of Mr. S. B. Desai. It further appears that considerable time was occupied of the learned single Judge in persuing the proceedings right from the stage of pleadings, issues, evidence and what transpired in the Court before the trial Court at various stages. After considering all this material at great length and in details, an order is made holding in favour of the respondent and directing transfer of the suit from the Court of Mr. S. B. Desai to any other Court.
(3.)Thus, in pith and substance, the order before us is one that of transfer of a suit, within the meaning of S. 24, C. P. C., or corresponding provision of Cl. 13. Letters Patent.