IN THE HIGH COURT OF SINDH

CIRCUIT COURT AT LARKANA

Civil Transfer Application S-01 of 2018

Dr. Ghulam Ali Lashari and Another

vs.

Irshad Ahmed and Another

For the Applicant:                  Mr. Naveed Ali Khokhar,

                                                Advocate

Date of Hearing:                    10-09-2018

Date of Announcement:       10-09-2018

ORDER

Agha Faisal, J.     Though instant Civil Transfer Application, the applicants have sought the transfer of Suit 01 of 2017, pending before the learned III-Additional District Judge, Shikarpur to a Court at Karachi.

2. The grounds invoked by the learned counsel for the applicants are that the respondent No.1 had no locus standi to file such a suit; that no cause of action has accrued to the respondent No.1 to file the said suit, that an application under Order VII Rule 11 C.P.C filed by the applicant was dismissed by the learned III-Additional District Judge, Shikarpur; the learned Presiding Officer is not acting fairly and that the applicants apprehend endangerment of their safety in proceeding with the case in Shikarpur.

3. This Court has heard the learned counsel for the applicants at length and it is the considered opinion that in so far as the issue pertaining to the maintainability and merits of the suit are concerned, the said issues are to be determined by the learned trial court.  It appears from the submissions of the learned counsel for the applicants, and also borne from the memorandum of application, that a finding in such regard has already been rendered as an application under Order VII Rule 11 C.P.C was dismissed by the learned Trial Court. Per learned counsel, the dismissal of the said application has not been assailed before any forum as of date.

4. The allegations of impartiality upon the learned Presiding Officer are of a vague and generic nature and no corroboration of any sort has been placed on record. It is the opinion of this Court that such vague allegations cannot be sustained and / or considered as a basis for transfer of a case from one court to another.

5. In so far as issue of safety is concerned, it is apparent from the record that no rationale for such an apprehension has been pleaded. However, the applicants are entitled to due protection of law, as the same is their fundamental right, and they may approach the relevant law enforcement authorities to extend and afford them protection as and when required.

6. In view of the foregoing, no case has been made out for grant of present civil transfer application and hence the same, along with listed applications, is hereby dismissed.

7. Office is directed to directly communicate a copy of this order to the learned Trial Court for necessary reference and record.

                                                                                                      Judge