Law: Civil Procedure Code (V of 1908)

Section: 24

Civil Procedure Code (V of 1908).-- ----S. 24---Transfer of a civil suit---Essentials---Whenever it was noticed or apprehended that attitude and conduct of Presiding Officer was prejudicial, case pending in his Court could be transferred---In order to sustain objection of bias against Presiding Officer it was warranted that some act or expression of Presiding Officer must be available or visible on record---Mere suspicion or artificial and baseless apprehension was not sufficient to seek transfer of case---Party seeking transfer was required to place some tangible evidence on record, in support of its allegations---Any bald statement containing allegations was not sufficient to allow transfer---District Judge was not justified in transferring case on a mere statement of a party---Order in question was set aside and case was ordered to be tried and heard by the original Court from which such case had been transferred. Rahim Bakhsh's case PLD 1971 Lahore 517 and AIR 1926 Mad. 359 ref. Manzoor Hussain for Petitioner. M.Y. Arvi for Respondent. ORDER The petition is moved against the order of learned District Judge, Mirpur, passed on July 24, 1993, whereby an application for transfer of the case from the Court of Additional Sub-Judge, Mirpur was accepted.   Zafar lqbal, plaintiff-petitioner instituted a suit for declaration against Manzoor Hussain, in respect of land measuring 1 Kanal 6 Marlas, situate in village Abdupur, Tehsil Mirpur, on April 10, 1993. Process was issued to the defendant.   Written statement was presented on June 13 and the case was adjourned for framing of issues, to July 20. Meanwhile, on June 26, an application for transfer of the case, was moved before the District Judge. The transfer of the case was desired on the ground as the relations between the Counsel of the defendant-applicant and the Presiding Officer were not good, as such the defendant-applicant apprehended injustice. Parawise report was sent for. In the light of the report and the allegations made in the application, the case was transferred to the file of the Sub-Judge, Mirpur on July 24, 1993. This order is assailed in the present petition.   It is contended…