Law: Civil Procedure Code (V of 1908)

Section: 24

(a) Civil Procedure Code (V of 1908)--- ----S.24---Bias---Application for transfer of civil case---Grounds---Allegation of bias in judge---Proof---Merely alleging bias on the part of a Judge or restricting the assertion to generalized statement was not sufficient---Issue of bias in a judge was a very serious matter and in the very least cogent and specific particulars thereof must be pleaded by an applicant and the same may be bolstered with plausible corroboration. Government of N.W.F.P through Chief Secretary and another v. Dr. Hussain Ahmed Haroon and others 2003 SCMR 104 ref. (b) Civil Procedure Code (V of 1908)--- ----S.24---Administration of justice---Transfer of case---Grounds---Interests of justice---Transfer of a matter from one Court to another could only be granted in exceptional circumstances, where it was shown that the same would be in the interests of justice. All Pakistan Newspapers Society and others v. Federation of Pakistan and others PLD 2012 SC 1 ref. THIS ORDER PASSED BY: AGHA FAISAL, J.--- This matter is a civil transfer application instituted by the applicant, who is the defendant in Summary Suit 01 of 2016 pending before the Court of the learned Additional District Judge, Tando Muhammad Khan (hereinafter referred to as "Trial Court"). 2. The applicant has filed the present application, seeking transfer of the said summary suit from the Court of learned Additional District Judge, Tando Muhammad Khan to any other Court at Tando Muhammad Khan or at Hyderabad. 3. The arguments of the learned Counsel in support of his application may be encapsulated as follows: (i) That the applicant has no confidence in the learned Presiding Officer/trial Judge as it is argued that the trial Judge is biased. (ii) It is argued that the plaintiff in the suit, who is a respondent herein, has claimed that the trial Judge shall favor the said plaintiff over the present applicant. (iii) The learned Counsel states that a senior member of the judiciary has prevailed upon the learned Trial Court to issue findings unfavorable to the applicant. 4. This Court has heard the arguments of the learned Counsel for the applicant and perused the memorandum of application and…

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