Law:

Section:

Civil Procedure Code (V of 1908)------S. 24---Transfer of suit---Allegation of impartiality based on short dates given by Court---Applicant for transfer of suit to another Court had alleged that Court in which his suit was pending was not conducting proceedings impartially and that applicant had lost faith in the Court---Applicant had contended that he had entertained such apprehension because Court was giving short dates in the case---Merely because short dates 'were being given by Court, doubt could not be entertained that Court was conducting case impartially. M.D. Tahir for Petitioners. Sh. Muhammad Ikram-ul-Haq for Respondent. ORDER Through this application, the petitioner seeks withdrawal of the suit titled Muhammad Ashraf v. Hakim Ali at present pending in the Court of Mr. Muhammad Salim Uppal, Civil Judge, Faisalabad and transfer of the same to the Court of Ch. Abdul Sattar, Civil Judge, Ist Class, Faisalabad in whose Court another suit filed by the respondent against the petitioner for possession of the same land through pre-emption is pending. 2. The suit the transfer of which has been sought was filed by respondent for declaration that he was in possession of the land. During the pendency of the said suit, the present petitioner allegedly took over forcible possession of the same in violation of the stay order issued by the said Court and an application for restoration of possession is pending disposal before the said Court. 3. The petitioner previously made an application before the learned District Judge, Faisalabad for transfer of the suit as well as application for restoration of possession pending before Mr. Muhammad Salim Uppal, learned Civil Judge to the Court of Ch. Abdul Sattar, Civil Judge, Faisalabad for disposal of both of them together. The only ground urged was that both the suit should be disposed of by the same Court so that conflicting judgments may not be passed. The learned District Judge through order dated 7-11-1992 did not agree with the petitioner that there was any common ground in the two suits therefore, it was not necessary that both the suits…

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