ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

 

Civil Transfer Application No. S- 08     of 2018

 

DATE

ORDER WITH SIGNATURE OF JUDGE

 

Hearing of cases

1.For orders on office objection ‘A’

2.For Hearing of main case.

 

11.09.2018

 

Mr. Abid Hussain Qadri, State counsel.

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          None present for the parties. Although this appears to be a fit case for dismissal in non prosecution, however, it may be prudent to review the pleadings and pass appropriate orders in the light thereof.

 

2.            This is a transfer application wherein the applicant has sought withdrawal of Execution No. 01 of 2016 from the Court of learned Family Judge, Dokri and sought directions for the same to be transferred to any other Court of competent jurisdiction. The affidavit in support of the said application is devoid of any grounds however application itself inter alia seeks relief predicated upon the basis that the applicant has no faith in the impartiality of the learned Judge.

 

3.            The concept impartiality or bias of a judge has been discussed exhaustively by the honorable Supreme Court in its judgment in the case of Government of NWFP & Another vs. Dr. Hussain Ahmed Haroon & Others, reported as 2003 SCMR 104, and the present matter does not merit favorable consideration upon the anvil of the said judgment.

 

4.            The allegations contained in the present application comprise of unsubstantiated statements and the same cannot be made the basis to entertain or sustain the allegation of bias against a learned Judge.

 

5.            It is well settled law that the transfer of a matter from one Court to another could only be granted in exceptional circumstances, where it was shown that the same would be in the interests of justice. Reliance is placed upon the judgment in the case of All Pakistan Newspapers Society & Others vs. Federation of Pakistan & Others reported as PLD 2012 Supreme Court 1. The same is prima facie not the case in the present matter as no exceptional circumstances are borne out of the pleadings.

 

6.            In view of the foregoing, it is apparent that no case has been made out for the grant of the present transfer application, hence the same 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

Abid H. Qazi/**