ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

Civil Transfer Application No. S- 18 of 2017

 

DATE

ORDER WITH SIGNATURE OF JUDGE

 

Hearing of cases

For Hearing of main case.

11.09.2018

 

Mr. Abid Hussain Qadri, State counsel.

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            None present for the parties. The diary reflects that the same was case on the previous date. It is further observed that on several dates prior thereto the learned counsel for the applicant has not appeared or has sought adjournments on one pretext or the other. 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.                  The present application seeks withdrawal of FC Suit No. 25 of 2017 from the Court of learned Senior Civil Judge, Ratodero and prays for a direction for the lis to be transferred to another competent court within the remit of district Larkana.  The affidavit in support of the application contains no grounds for the grant of application. However a perusal of the application itself demonstrates that the present application is predicated upon the applicant impugning the impartiality of the court seized of the matter and also conveys an apprehension regarding the applicant’s safety in appearing before the said court.

3.                  There is nothing on record to sustain any objection with regard to the impartiality of the learned Judge and hence the said ground cannot be entertained. The allegations are of a vague and generic nature and devoid of any corroboration.

4.                  The apprehension as to safety, although not corroborated, appeared to be misconceived because the court to which the transfer is sought is also within the jurisdictional remit of the same district. Hence no purpose could be served by a transfer on the ground of safety.

5.                  In view of the foregoing, it is apparent that no case has been made out for the grant of present transfer application, hence the same is hereby dismissed. However the applicant shall remain at liberty to approach the concerned authorities for provision of the security, if deemed expedient to safeguard his presence before the learned trial Court.

6.                  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/**