Law: Civil Procedure Code (V of 1908)

Section: 24,VII,11

Law: Penal Code (XLV of 1860)

Section: 381

Civil Procedure Code (V of 1908)-------S.24---Transfer of suit---Scope---Bias in a Judge alleged---The applicant filed suit for damages against the respondents, who were government officials, for alleged malicious prosecution stemming from a false FIR registered under S.381, P.P.C.---The suit was initially instituted before the Senior Civil Judge, Mirpur Mathelo, who rejected the plaint under O.VII, R.11, C.P.C. on the ground of maintainability---The applicant filed an appeal, and the appellate court remanded the matter to the Trial Court to be decided on merits after framing issues and recording evidence, however, instead of proceeding with the trial, the applicant filed multiple transfer applications raising allegations of bias and lack of impartiality against successive Judges---As a result, the suit was transferred back and forth between the courts at Mirpur Mathelo and Ghotkion judicial and administrative grounds---The applicant then filed the present transfer application, expressing mistrust in the newly posted Senior Civil Judge at Mirpur Mathelo and sought a further transfer---The applicant presented two background narratives to support his claim; that he served as SHO AntiEncroachment Force, Ghotki, where respondents allegedly tried to interfere with his duties, and upon his resistance, fabricated a false story resulting in the registration of an FIR against him; that same FIR concerned the alleged theft of cables and a computer, in which the applicant was eventually acquitted, following which he filed the civil suit for damages---Held: This repetitive filing of transfer applications, particularly the present one, in which the applicant claimed dissatisfaction with the behavior of the newly posted Senior Civil Judge, raised concerns about the applicant's own conduct rather than the fairness or impartiality of the judicial process---This pattern suggested that the applicant might be using the transfer application process as a tactic to delay or obstruct the progress of the case, rather than genuinely seeking a fair trial, keeping the respondents, who were government servants, under pressure---The application at hand was without merit and was accordingly…