Law: Civil Procedure Code (V of 1908)

Section: S.24,151,O.VII,R.11

Law: Civil Procedure Code (V of 1908)

Section: S.24,151,O.VII,R.11

Law: Limitation Act, 1908

Section: 113

a) Civil Procedure Code (V of 1908)-------S. 24---Transfer of case---Scope---Grounds or instances for seeking transfer of case from one court to another not mentioned in S.24, C.P.C.---Powers vested in a Court under S.24, C.P.C., would be exercised keeping in view principles laid down by Superior Courts regarding administration of justice---Justice should not only be done, but should be seen manifestly and undoubtedly to have been done---Conduct of proceedings by a Judge must not generate any reasonable apprehension in mind of a person that Judge/Presiding Officer of court was biased or his mind was prejudiced---Apprehension of bias could not be extended to judicial bias on ground that since a Judge while deciding a similar matter had already expressed an adverse opinion, thus, other case of similar nature might have same fate---Authority vested in High Court and District Judge under S. 24, C.P.C., would be exercised with caution only in extraordinary circumstances and not as a routine matter---Filing of baseless and frivolous transfer applications with an intent to thwart legal proceedings or cause inconvenience to court or either party must be discouraged by dismissing same with heavy costs. Government of N.-W.F.P. and another v. Dr Hussain Ahmed Haroon and others 2003 SCMR 104 and Syed Tahir Hussain Mahmoodi and others v. Tayyab and others PLD 2009 Kar. 176 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 24 & O. VII, R. 11---Transfer of case, application for---Remand of case by Appellate Court after setting aside order of rejection of plaint passed by Trial Court---Plaintiff alleging his apprehension of not getting justice from Presiding Officer of Trial Court that he would dismiss suit in same terms as he had earlier rejected the plaint---Validity---Apprehension of bias could not be extended to judicial bias on ground that since a Judge while deciding a similar matter had already expressed an adverse opinion, thus, other case of similar nature might have same fate---Such application did not find mention any specific allegation against Presiding Officer---No logic existed behind alleged apprehension of plaintiff as parameters and consideration of…

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