ORDER SHEET
----------------------------------------------------
Date Order with
signature of Judge
----------------------------------------------------
FOR KATCHA PESHI
-----------------
30.03.2009
----------
Mr. Hafiz Safdar Nawaz, advocate for
the applicants.
*******
Though notice of this transfer application
has been issued to the respondent No.1 on the same address as given in the
cause title of the family suit pending between the parties, but the bailiff of
the Court has not been able to serve him with such notice. The report seems to
be dishonest and concocted. Let show cause notice be issued to the concerned
bailiff to explain his position regarding non-service of notice of this
transfer application on respondent Khalid Nazir. Such explanation should be
submitted before the worthy Registrar of this Court within two weeks, who shall
examine it and place before the undersigned for further consideration.
2. Through this transfer application under
Section 25-A of the Family Court Act, 1964, applicants have sought transfer of
Family Suit No.210/2005, stated to be pending before the Court of Vth Civil
Judge & Judicial Magistrate, Karachi (South).
3. As desired by this Court vide its order
dated 09.03.2009, comments to this transfer application have been received from
the Presiding Officer of the said Court Mr. Muhammad Shujaat Mirza. A perusal
of such comments reveals that in substance the Presiding Officer of the Court
has shown his helplessness in disposal of the family suit, which has already
remained pending before him since 7th March, 2008, i.e., over one
year. It is evident that during this one year no serious efforts were made by
the Presiding Officer of the Court to ensure disposal of the family suit, which
was by that time already ripe for final arguments. Such conduct of the
Presiding Officer is sufficient to hold him inefficient and incapable in the
performance of his duties.
4. Accordingly, looking to the facts and
circumstances of the case, I order transfer of Family Suit No.210/2005 from the
Court of Vth Civil Judge & Judicial Magistrate, Karachi (South) to the
Court of IXth Civil Judge & Judicial Magistrate Karachi (South) for
disposal of case in accordance with law within one month from the date of
communication of this order. A copy of this order be retained in the personal
file of Mr. Muhammad Shujaat Mirza, Civil Judge & Judicial Magistrate for
consideration by the Administration Committee at appropriate time.
CHIEF JUSTICE