Law: Criminal Procedure Code (V of 1898)

Section: 24

(a) Civil Procedure Code (V of 1908)--- ----S.24---Transfer of case---Bias of Judge---Types of bias listed. Pakistan Newspaper Society and others v. Federation of Pakistan PLD 2012 SC 1 ref. (b) Civil Procedure Code (V of 1908)--- ----S.24---Transfer of case---Grounds---Bias of Judge---Assumption / apprehension of party---Scope---Petitioners (applicants under S.24, C.P.C, 1908) sought transfer of case on the basis of alleged statement/utterance made by the opposing side that they would get favour from the Court---Held, that contention of the petitioner did not constitute sufficient ground for transfer of case as they had failed to establish the bias in judge which was not supported by any sort of evidence or some act or expression of judge visible on ground adversely affecting the case---Mere assumption and apprehension could not be entertained as a tangible evidence, therefore, a mere statement could not be made basis for transfer of case---Case would not be transferred as a matter of routine or at the whims of the parties---No illegality or infirmity was found in the impugned order passed by the Appellate Court rejecting application of petitioners to transfer their civil suit to another civil court---Revision petition was dismissed, in circumstances. (c) Civil Procedure Code (V of 1908)--- ----S.24---Application for transfer of a case---Scope---Litigants should have confidence in the judicial system---Although application for transfer of a case could be filed but (only) when a party had sufficient reasons, grounds and evidence in his/her possession regarding pecuniary interest, bias of judicial officer etc. Nasratullah, Attorney for Petitioners in person. Khalil Ahmed Panezai for Respondents. hearing date: 12th November, 2020. JUDGMENT ROZI KHAN BARRECH, J.----Through the instant Civil Revision Petition, the petitioners has challenged the order dated 10.03.2020 (hereinafter the “impugned order”) passed by the learned District Judge, Pishin, (hereinafter “the appellate court”), whereby application filed by the petitioners for transfer of the suit titled Ali Ahmed and others v. Ghulam Mustafa and others “from the court of Civil Court Pishin/Judicial…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492