IN THE HIGH COURT OF SINDH

CIRCUIT COURT AT LARKANA

Civil Transfer Application S-02 of 2017

Rajib Ali

vs.

Abdul Wahid and Others

For the Applicant:                  None present.

For the State:                         Mr. Ameer Ahmed Narejo

State Counsel.

Date of Hearing:                    08-10-2018

Date of Announcement:       08-10-2018

ORDER

Agha Faisal, J.     None present for the applicant and same was the case on the last date of hearing. While this matter may be a fit case for the dismissal on the ground of non-prosecution, it may be just and proper to review the record available on file and pass appropriate orders in the light thereof.

2. The present civil transfer application has been filed by the applicant as he is aggrieved and dissatisfied with the order dated 05.12.2016 rendered by the learned District Judge Larkana in Civil Transfer Application No. 33 of 2016 (“Impugned Order”), wherein the present applicant’s transfer application, upon the grounds reiterated in the present proceedings, was dismissed. It may be prudent to reproduce the operative passage from the Impugned Order.

“I have heard the learned counsel for the applicant, learned District Attorney and perused the record. There is no cavil in the proposition that the parties have right to choose the forum for trial of suit for there is difficulties or cause of injustice but in the instant matter the applicant has expressed suspicious for not getting justice at the hands of the Presiding Officer of the Court due to influence of opposite party. It has been alleged that respondents have made a disclosure of influence upon the learned trial Judge. Above assertions of applicant suffers from truth and do not attract the judicial conscience and wisdom that the respondents have made a disclosure about their link with Presiding Officer of the court for getting decision. The applicant has not produced any substantive material to show that the Presiding Officer of the Court has any connection, relation or interest with the respondents. The allegations as leveled in this application have been appeared unfounded and flimsy. No other cogent and sound ground has been pointed out for transfer of the suit. The transfer application is devoid of merits and stands dismissed. Trial Court is directed to proceed the matter fully in accordance with law.”

3. The Impugned Order was subsequently assailed before this Court in the present Transfer Application primarily on the ground that the applicant has no faith in the learned Presiding Officer of the learned Trial Court and that the Impugned Order was rendered in dissonance with the law. The present transfer application is also formulated as an appeal against the Impugned Order.

4. The power to transfer the proceedings from one court to another is provided in Section 24 C.P.C. The said power is vested in the High Court or the District Court as may be applicable in the circumstances. From a perusal of record, it is apparent that an application under section 24 C.P.C was in fact preferred before the learned District Court and the same was heard and dismissed vide the Impugned Order. It is observed that while the applicant remained at liberty to institute appropriate proceedings to challenge the Impugned Order, the institution of a second transfer application in respect of the same lis, before the High Court, was misconceived.

5. The Impugned Order appears to have appropriately addressed the controversy raised by the present applicant, as manifest from the Impugned Order, and nothing is on the record to merit any interference therewith.

6. 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.

7. 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.

8. In view of the foregoing, it is considered opinion of this court that this Civil Transfer Application is not maintainable and is even otherwise devoid of merit, hence the same is hereby dismissed.

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

                                                                                                      Judge

Abdul Salam/P.A