Law: Civil Procedure Code (V of 1908)

Section: 24

(a) Civil Procedure Code (V of 1908)--- ----S. 24---Application for transfer of civil suit---Political influence, family status or feared apprehensions no grounds for seeking transfer of suit---Defendants (respondents) were alleged to have grabbed property belonging to the plaintiff (petitioner) and her sons---Plaintiff filed two suits but subsequently sought transfer of said suits to another court of competent jurisdiction in the district with the contentions that one of the defendants, who was a political figure with influence, was extending threats to the plaintiff, which made it impossible for her to pursue the suits; that she was an illiterate "pardah" observing lady and it was difficult for her to travel to the civil court where case was presently being contested, and that, her convenience had to be kept in mind---Validity---No doubt plaintiff was a female but there were five females from the defendant side also---Political figures could not exercise any influence on Judicial Officers because they were under an obligation to decide the case on merits and strictly in accordance with the law---Status of families of the parties had no bearing on the outcome of suits---Plaintiff could move an application before police to seek protection through court in case she had any genuine apprehension---Case could not be transferred on basis of self-concocted or feared apprehensions---Petition for transfer of suit was dismissed accordingly. (b) Civil Procedure Code (V of 1908)--- ----S. 24---Power of court to transfer civil suit---Scope---Power under S.24, C.P.C should be exercised with due care and diligence because frequent transfer of cases was one of the main causes for delay in administration of justice---Suit could not be transferred from one district to another only on the basis of self-concocted or feared apprehensions. THIS ORDER PASSED BY: RAUF AHMAD SHEIKH, JUSTICE:---.--- The petitioner seeks transfer of civil suit titled "Mian Imtiaz Aleem and others v. Mst. Rukhsana and others" and "Mst. Rukhsana and others v. The Province of Punjab and others" pending before the learned Civil Judge Ist Class, Muzaffargarh to any Court of competent jurisdiction at Multan.…

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