| Citation(s) |
|---|
| 2018 SLG 2005 2018 SLD 2005 2018 MLD 1438 |
Sindh High Court
Civil Transfer Application No. 15 of 2016, decided & hearing on 27-02-2018.
AGHA FIASAL, JUSTICE
None present for the Applicant. Wali Muhammad Jamari, Assistant, A.G. for
Respondent.
Civil Transfer Application No. 15 of 2016, decided & hearing on 27-02-2018.
AGHA FIASAL, JUSTICE
None present for the Applicant. Wali Muhammad Jamari, Assistant, A.G. for
Respondent.
MUHAMMAD WARIAL
VS
GOVERNMENT OF SINDH THROUGH DC AND 5 OTHERS
Law:
Section:
Civil Procedure Code (V of 1908)--- ----S. 24---Transfer of case---Principle---Bias in a Judge---Scope---Petitioner sought transfer of appeal from one court to another on different allegations including bias in mind of Judge--- Validity--- Mere allegation of bias on part of Judge or restrict the assertion to generalized statements was not sufficient---Issue of bias in a judge was a very serious matter and in very least cogent and specific particulars thereof must be pleaded by an applicant and same could be bolstered with plausible collaboration--- High Court declined to interfere in the matter as unmerited transfer of a case from one court to another would tantamount to expression of no confidence in the Judge--- Application was dismissed in circumstances. Government of NWFP through Chief Secretary and another v. Dr. Hussain Ahmed Haroon and others 2003 SCMR 104; Asif Ali Zardari and another v. The State PLD 2001 SC 568; All Pakistan Newspapers Society and others v. Federation of Pakistan and others PLD 2012 SC 1 and Messrs Bank of Bahawalpur Ltd. v. Muhammad Yousaf 1994 MLD 1153 ref. THIS ORDER PASSED BY: AGHA FAISAL, J.--- The present civil transfer application was preferred in 2016, in respect of a civil appeal instituted in 2013, seeking inter alia the following relief:-- "To transfer Civil Appeal No.23 of 2013 [Muhammad Warial v. Government of Sindh and others] between the above parties from the Court of learned IInd Additional District Judge, Shaheed Benazirabad, to any other competent Court for disposal on merits." 2. The matter was called earlier in the morning, however, none appeared for the applicant and in the interest of justice the matter was kept aside with a direction for the same to be taken up in the second session. The matter was then taken up again during second session and once again no one appeared on behalf of the applicant in this matter. 3. This is a two years old matter and it appears that the applicant is no longer interested in proceeding herewith and therefore it may otherwise be a fit case for dismissal for non-prosecution. However, in the interests of justice, it was considered proper by this Court to consider the relevant record…
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