Liaqat Ali vs Ghulam Muhammad

2013 M L D 454

[Peshawar]

Before Assadullah Khan Chamkani, J

LIAQAT ALI---Applicant

Versus

GHULAM MUHAMMAD and 4 others---Respondents

C.M. No.785 of 2012, decided on 2nd January, 2012.

(a)Civil Procedure Code (V of 1908)---

----S. 24---Application for transfer of civil suit---Scope---Non-specific allegations---Applicant contended that he had no confidence in the Judge concerned since he had dismissed an earlier suit of the applicant, which was similar to the present suit; that such dismissal order was set aside in appeal by the Appellate Court, and that the Judge was giving very short dates in the case, therefore, applicant apprehended that Judge would not decide the matter in accordance with the law---Validity---Comments submitted by Judge concerned revealed that he was keen on early disposal of each and every pending case in accordance with the Judicial Policy---No specific allegation had been made by the applicant regarding his no confidence over the Judge---Grounds mentioned by the applicant in his application for transfer of case were not sufficient---Transfer application was dismissed in circumstances with a direction to the Judge concerned to decide the case strictly in accordance with the law and merits, without being influenced from any quarter.

(b)Civil Procedure Code (V of 1908)---

----S. 24---Transfer of civil suit---Grounds---Scope---Mere wishes of a party could not be held to be a valid ground for transfer of case.

Basir Ullah for Applicant.

ORDER

ASSADULLAH KHAN CHAMKANI, J.---This is an application for transfer of suit bearing No. 76/1 of 2011 titled Liaqat Ali v. Ghulam Muhammad and others from the court of Civil Judge/Illaqa Qazi-III, Malakand to any other court for decision.

2.Learned counsel for the petitioner submits that the petitioner has expressed his no confidence over the Presiding Officers of the Court on the ground that his similar suit was dismissed by the court concerned but in appeal its judgment was set aside by the appellate court. He submits that the learned Civil Judge give too short dates in the case, therefore, the petitioner apprehends that the learned Presiding Officer of the Court will not decide the matter in accordance with law.

3.Comments were asked from learned Civil Judge/Illaqa Qazi concerned in which the learned Presiding Officer has expressed his no objection if the case is transferred to any other Courts. The comments further reveal that he is keen in the early decision of each and every case pending in the Court according to National Judicial Policy. Perusal of file would reveal that no specific allegation has been made by the petitioner in the grounds of application for transfer regarding no confidence over the Presiding Officers and mere wishes of a party cannot be held to be a valid ground for transfer of case. The grounds mentioned in the application are not sufficient for transfer of the case from the diary one court to another. Such like frivolous applications require to be discouraged to run the system smoothly.

Hence, the instant transfer application being meritless is dismissed as such. Learned Civil Judge/Illaqa Concerned is directed to decide the case strictly in accordance with law and should not influence from any quarter and decide the case purely on merits.

MWA/9/P Application dismissed.