| Citation(s) |
|---|
| 1991 SLD 1538 = 1991 CLC 843 |
Lahore High Court
Transfer Application No.33-C of 1991, decided on 6th March, 1991.
Presented By: Before Muhammad Ilyas, J
Saghir Muhammad Khan for Petitioners. Nemo for '
Respondents.
Transfer Application No.33-C of 1991, decided on 6th March, 1991.
Presented By: Before Muhammad Ilyas, J
Saghir Muhammad Khan for Petitioners. Nemo for '
Respondents.
JEETA MASIH and others --- Petitioner
VERSUS
PROVINCE OF PUNJAB and others --- Respondents
Law: Civil Procedure Code (V of 1908)
Section: 24
Administration of justice- ---- Justice should not only be done, but should also appear to have been done. Civil Procedure Code (V of 1908)- ---- S.24 --- Transfer of suit --- Petitioners seeking transfer of suit made allegations that respondents had tried to influence Trial Court by bribing it and otherwise-- Petitioners had also made a complaint against Trial Court which was rejected by Member of Inspection Team of High Court---Civil Judge concerned in his comments had refuted allegations levelled against him, but added that he would have no objection to transfer of suit from his Court --- Allegations levelled against Court could be incorrect, but it would not be in fitness of things to insist that suit must be decided by that Civil Judge only --- Such a course would be embarrassing for all concerned including concerned Civil Judge --- Suit was ordered to be transferred from that Court to another with remarks that if Civil Judge felt that petitioners had thrown mud on him without any basis, Judge could proceed against petitioners in accordance with law. Saghir Muhammad Khan for Petitioners. Nemo for 'Respondents. Date of hearing: 6th March, 1991. JUDGMENT Jeeta Masih and others have made this petition for transfer of a suit brought by them against the respondents, Province of the Punjab and others. That suit is pending in the Court of Mian Muhammad Younis, Civil Judge, Okara. Before making this petition, they filed an application before the District Judge, Okara, for transfer of the suit from the Court of the said learned Civil Judge but their application was dismissed by the learned District Judge. They have, therefore, approached this Court for transfer of the suit. Allegations made by the petitioners are that the respondents Nos.2 and 3 had tried to influence the learned Civil Judge by bribing him and otherwise…