Law:

Section:

Civil Procedure Code (V of 1908)--- ----Ss. 24 & 24-A----Transfer application---Mere utterances of opposite party/suspicion/artificial apprehension not sufficient ground for transfer---Allegations of partiality and bias to be supported with record ---.--- APPELLANT filed application for transfer of petition and civil suit to any other court on the ground that trial court was partial towards him---Bias in a Court---Proof---Transfer application was dismissed by the District Judge on appeal---Utterances of the opposite party to the litigation made outside the court, could in no manner be termed as sufficient ground for transfer of the cases from one court to another---Presiding Officer would not be responsible for the irresponsible utterances of the litigants---Contention of the applicant that the trial court was partial against him was not supported by the record and the same appeared to be an afterthought---In order to sustain the bias against the judge, some act or expression of the judge must be shown to have been available or visible on record ---.--- APPELLANT had not placed on record some tangible evidence in support of the allegation---Mere suspicion or artificial apprehension was not sufficient for transfer of the cases---Bald statement containing the allegations was not sufficient to allow the transfer---Transfer of a case was deemed expedient whenever the attitude and conduct of the Presiding Officer was noticed or apprehended to be prejudicial---If the Presiding Officer thought that he would not be able to do justice in a given situation, then, he might decline to take up the case, but if he did not decline to do that, then, he would be answerable if he did not perform his duty dispassionately---Lapse or otherwise of the Presiding Officer/decision maker, however, was to be judged from the decision itself and not from other circumstances---Presiding Officer had denied the allegations levelled against him before the court below and had not declined that he would not be able to do justice in the given situation---Transfer application was, therefore, dismissed in limine in circumstances. Farooq Ahmad Khan Leghari and 37 others v. Sh. Muhammad Rashid,…

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