Law:

Section:

Civil Procedure Code, 1908 (V of 1908)-- ----S. 24--Transfer application--Impartiality of whole judiciary-Mechanism for transfer of suit--Neither subordinate to High Court Bench nor having territorial jurisdiction--Validity--Mere suspicion of bias is not sufficient for transfer of cases from one Court to other--Applicant has failed to put forth any convincing reason which may justify Court for transfer of case from Court of District Judge to any other judge--Applicant lacks confidence on overall judiciary on simple ground that son of respondent is serving as District and Sessions Judge, is not a valid ground--Application dismissed. [P. 37] A, B & C Judgment Petitioner through this Transfer Application under Section 24, C.P.C. seek transfer of the two connected suits i.e. (1) Suit No. 23-A of 2010, titled "Nadar Khan and others Vs Reayat Khan and others''. (2) Suit No. 19-A of 2010 titled "Nadar Khan and others Vs Reayat Khan and others". From the Court of Mrs Tania Hashmi, Civil Judge-II, Karak to some other Court preferably in District Nowshera, Mardan, Charsadda, Swabi or Peshawar. 2. The reason given in the application for transfer of the above cases was favouritism of learned trial Court on plaintiffs' side, on the basis that one Mr. Abdur Rauf Khan, who is son of Nadir Khan, the plaintiff/respondent, serving as District & Sessions Judge, D.I.Khan from where the said learned judge belongs. The allegations against the trial Court are general in nature. The main criticism was the influence of said Mr. Abdur Rauf Khan being a District Judge over the trial Court. 3. On appearance, the learned counsel for respondents vehemently opposed the transfer application and from the very outset they submitted that the above said suits of which the transfer was sought have been decided by the learned trial Court vide its judgment and decree dated 12.07.2014 and now the said lis is pending in appeal stage, therefore, the said Transfer Application has become infructuous. 4. It appears from the record that the petitioner has not only challenged the impartiality of the trial Court on one ground but also questioned the impartiality of whole District Judiciary on the…

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