1991 PLP 984 (MLD)
HABIB and others — Petitioners Versus MUNAWAR and 5 others — Respondents
| Citation | 1991 PLP 984 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | HABIB and others — Petitioners Versus MUNAWAR and 5 others — Respondents |
Q1: What are the key laws and sections cited in 1991 PLP 984 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 984 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 984 (MLD) (HABIB and others — Petitioners Versus MUNAWAR and 5 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sh. Abdul Aziz for Petitioners.
- Nemo for Respondents.
Headnotes / Summary
S.24
Appellate Court where appeal was pending, had already expressed its view on the matter in dispute prior to remand of case to this Court by High Court
Petitioner apprehended that in circumstances he would not get justice from that Court
Judgment & Decree
Sh. Abdul Aziz for Petitioners. Nemo for Respondents. Date of hearing: 10th February, 1991. This is an application under section 24 of the C.P.C. seeking the transfer of an appeal titled "Munawar etc. v. Habib etc." which is pending in the Court of the Ch. Faiz Talib Khan, Additional District Judge, Gujranwala.
2. The dispute arises out of an application under section 12(2) of the C.P.C. riled by the petitioners challenging the decree dated 16-11-1983 passed by Civil Judge, Gujranwala. This application was accepted by the trial Court on 19-11 1989. Aggrieved by this order, the respondents filed an appeal in the District Court which was heard by Ch. Faiz Talib Khan, Additional District Judge, Gujranwala who accepted the same on 19th November, 1989. This order of the Additional District Judge was assailed by the petitioners by riling W.P. No.5592 of 1990 which was accepted by this Court, vide order, dated 7th November, 1990 on the ground that no appeal against the order of the trial Court under section 12(2) of the C.P.C. was competent. The case was remanded to the Additional District Judge with the direction that respondents shall make an application for its conversion into revision. It is stated by the learned counsel for the respondent that such an application has already been filed.
3. The transfer of the appeal/revision is sought on the ground that while disposing of the matter on 18th July, 1990 the Additional District Judge has expressed his opinion on merits of the case, and therefore, it shall not be possible for him to decide the matter afresh in an unbiased manner. The order passed by the Additional District Judge on 18th July, 1990 has been perused. It shows that the Addl. District Judge has expressed his views on the matter. The apprehension of the petitioner that he will not get justice at the hands of Ch. Faiz Talib Khan, Addl. District Judge, therefore, does not appear to be unfounded. As a result of the above this petition is accepted and the appeal/revision titled "Munawar etc. v. Habib etc." is withdrawn from the Court of Ch. Faiz Talib Khan, Additional District Judge, Gujranwala and is entrusted to the Court of Mr. Fakhar Hayat, Additional District Judge, Gujranwala for its disposal in accordance with law. The parties shall appear before the transferee Court on 20th February, 1991. A copy of this order shall be sent immediately to the Court concerned. There shall be no order as to costs. H.B.T./H-198/L Petition accepted.