Case Details

Citation(s)
2013 SLG 1402 2013 SLD 1402 2013 MLD 454
Peshawar High Court
C.M. No. 785 of 2012, decision Dated: 02-01-2012.
ASSADULLAH KHAN CHAMKANI, JUSTICE
Basir Ullah for Applicant.

LIAQAT ALI

VS

GHULAM MUHAMMAD AND 4 OTHERS

Law: Civil Procedure Code (V of 1908)

Section: 24

(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. THIS ORDER PASSED BY: ASSADULLAH KHAN CHAMKANI, JUSTICE:---.--- 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…
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