If you genuinely believe that there is a reasonable apprehension that the judge would not be impartial and that he could favour the opposite party, you (or your advocate) may request that the judge orally to recuse from the case, and if necessary, you may even file an application before him. If he refuses to recuse from the case, you have the option of filing a transfer petition before the district judge, giving detailed reasons for which you want the transfer of the case from the court of that judge to that of another.
However, you should not make a request for recusal of the judge or for transfer of the case on mere speculation or for merely a fear. It should be on the basis of some actual reasonable apprehension that justice would not be done in the case and that the judge would not be impartial.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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