Law: Code Of Civil Procedure, 1908.

Section: VII,24

Summary:

The order concerns the applicant’s request to transfer F.C. Suit No.94 of 2024 from the Senior Civil Judge, Mirpur Mathelo to another court within District Ghotki. The applicant claims loss of faith in the judge, citing repeated procedural issues around the maintainability of the suit and concerns of potential bias. The court reviewed:The case history: The plaint was initially rejected under Order VII Rule 11, CPC on maintainability grounds. On appeal, the matter was remanded to trial for merits. Despite this, the trial court repeatedly raised maintainability issues.Prior transfer applications: The suit was initially transferred from Mirpur Mathelo to Ghotki upon a transfer application, then administratively sent back to Mirpur Mathelo due to territorial jurisdiction.The applicant’s conduct: The court identified a pattern of repeated transfer applications aimed at delaying the case, noting the applicant’s failure to engage counsel during trial proceedings and the dismissal of a prior transfer application by the District Judge.The merits of the applicant’s claims of unfair treatment and bias were found unsupported by concrete evidence.The court dismissed the current transfer application and ordered the trial court to proceed expeditiously within two months, advising no adjournments except for extraordinary reasons.

Core Points:

The applicant’s multiple transfer applications indicate a delay tactic rather than genuine apprehension of bias.

Maintainability issue was remanded by appellate court to be decided on merits; the trial court must follow this strictly.