1989 PLP 152 (CLC)

Transfer Application No.21 of 1988, decided on 15th August, 1988 ‑‑‑Ss.24 & 151‑‑Transfer of civil appeal‑‑Ground of transfer being that matter had been already argued before the Judge before whom appeal was sought to be transferred‑‑Justification for‑‑Diary sheet of case showed that matter came up before the Judge before whom appeal was sought to be transferred, but same was adjourned from time to time for one reason or another‑‑Matter in appeal having not been heard at all by that Judge, there was no justification for its transfer to that Court‑‑Transfer application being devoid of merit was dismissed in circumstances. A.K.M. Idreees for Applicant. Abdul Aziz Shaikh for Respondent No.2 Date of hearing: 15th August, 1988. This application under section 24 C.P.C. seeking transfer of Civil Appeal No.99 of 1986 from the Court of District Judge, Central, Karachi to the Court of District Judge, (West) Karachi is filed by the applicant /appellant. It may be mentioned here that Civil Appeal No.99 of 1986 was originally instituted in the Court of District Judge (West) Karachi, and ;gas in fact heard and reserved for judgment by Mr. Abdul Aziz Memon, who was the Presiding Officer of the Court of District Judge, Karachi (West). However, it appears that before the learned Judge could pronounce the judgment in appeal he ryas transferred and as such the matter was taken up by his successor Mr. Zahiruddin Khan, the present District Judge, Karachi (West). It further appears that as a result of creation of a new district in Karachi namely District Karachi (Central) Appeal No.99 of 1986 was transferred from the file of District Judge Karachi (West) to the Court of District Judge, Karachi (Central), on 9‑7‑1988. The appellant has filed this application for re‑transfer of the appeal from District Judge, Karachi (Central) to the Court of District Judge, Karachi (West). The main contention of the learned counsel for the appellant is that this matter was already argued before Mr. Zahiruddin Khan, who after hearing the arguments of the parties kept it for inspection and as the matter is part‑heard before that Judge, it should be re‑transferred to him for final disposal of the case. This assertion of applicant is disputed by the respondent who has specifically stated in the counter‑affidavit filed in this case that the matter was not heard on merits by the District Judge Karachi (West). In order to verify whether the case was really part‑heard before the District Judge Karachi (West), I have called for the R & P of the appeal.: There is nothing on the file of the case to show that the matter was' heard by Mr. Zahiruddin Khan. The diary sheet of the case shows that the matter came up before the learned Judge from time to time but was adjourned for one reason or the other. In such circumstances A when the matter was not at all heard by the District Judge Karachi (West) there is no justification for its transfer to that Court from the Court of District Judge Karachi (Central). The application for transfer of the case is accordingly dismissed. I am informed that the appeal is already fixed before the District Judge Karachi (Central) for hearing on 20‑8‑1988. The parties are directed to appear before, the Court for further proceedings on that date. A . A . /W‑33/ K Transfer application dismissed