Law:

Section:

Civil Procedure Code (V of 1898) ---S. 24 Transfer of civil cases Wholly unjustified allegations made against trial Court and absolutely no grounds made out for transfer of case Petition for leave to appeal to Supreme Court dismissed¬ Constitution of Pakistan (1973), Art. 185(3). [Transfer of civil cases]. ORDER DORAB PATEL, J. One Ismail son of Hakam Din was murdered in December, 1976 and according to learned counsel ten persons are being tried for the murder, some of whom are on bail. However, we are concerned in this petition for leave with only two of these ten accused, namely, Muhammad Ismail and Muhammad Aslam. Because the first respondent who is the Additional Sessions Judge, Muzaffargarh) granted bail to Muhammad Ismail on 11 4 1978 and to Muhammad Aslam on 21 9 1978, the petitioner who is the complainant in the murder case filed an application in the Lahore High Court for the transfer of the murder case from the Court of the first respondent to that of "some other competent Court of jurisdiction." It is hardly surprising that this transfer application was dismissed in limine by a learned Single Judge of the Lahore High Court on 4 10 1978 and this petition for leave has been filed against the said order of the Lahore High Court. We pointed out to learned counsel that if the petitioner was aggrieved by the order of the Sessions Court granting bail to the said Muhammad Ismail and Muhammad Aslam, he had other remedies. But, according to learned counsel, the mere grant of bail was sufficient to justify the petitioner's apprehensions that the trial would not be fair, because the bail orders were contrary to the orders of the Lahore High Court in an earlier round of litigation about bail between the parties, therefore, we would briefly refer to the facts on which learned counsel relied. We would first try and examine the case of Muhammad Ismail, We have to use the words "try and examine" with regret, because the petition for leave is not properly documented. Be this as it may, Muhammad Ismail had applied for bail twice .in 1977 and according to learned counsel these applications were dismissed by the Sessions Court, Muzaffargarh on 16 3 1977 and on 10 6 1977.…

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