Law: Civil Procedure Code (V of 1908)

Section: 24

Civil Procedure Code (V of 1908) S.24Transfer of case, application forSufficient/reasonable causeScopeOccurrence of a criminal incident (plaintiffs) sought transfer of the case on the ground that the respondents (defendants), becoming inimical towards them, had attacked upon their aunt (one of the respondents) and were also threatening them with dire consequencesHeld, that the applicants had made an attempt to tag the criminal incident with civil litigation and to base the same for transfer of the civil case to another place just to create trouble and inconvenience for the respondents (defendants), which, prima facie, seemed to be creation of mala fide intentionTransfer of case from present place to somewhere else would create inconvenience for both the parties and their witnessesParties were close to each other and also residing in the same city and there was no history of previous enmity between themMinor incident could not be the base for transfer of case for which a criminal case had already been registered and law was put into motion had failed to bring on record any sufficient cause for transfer of case Record revealed that the counsel of the applicants was also one of the plaintiffs (applicants), High Court observed that, in civil litigation he could make an alternate arrangement of an advocate to proceed with their caseEven otherwise, the criminal incident had taken place between the respondents and taking advantage of the same, the applicants had joined hands with one of the respondents to avail sympathies of her in their favourParties could not be allowed to seek transfer of the case from one court to other without showing sufficient causeIn absence of any valid ground, such practice tended to frustrate and cause delay in lawful proceedings pending before the Court of competent jurisdiction and also caused inconvenience to the other party had failed to show any reasonable cause or valid ground for seeking transfer of the case from the Trial Court, which was the requirement of S.24 of the Civil Procedure Code, 1908Application for the transfer of the case was dismissed, in circumstance. JUDGMENT ABDULLAH BALOCH, J. This transfer application has been…

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