1991 PLP 843 (CLC)

(b) Civil Procedure Code (V of 1908)‑ ‑‑‑‑ S.24 ‑‑‑ Transfer of suit ‑‑‑ Petitioners seeking transfer of suit made allegations that respondents had tried to influence Trial Court by bribing it and otherwise‑‑ Petitioners had also made a complaint against Trial Court which was rejected by Member of Inspection Team of High Court‑‑‑Civil Judge concerned in his comments had refuted allegations levelled against him, but added that he would have no objection to transfer of suit from his Court ‑‑‑ Allegations levelled against Court could be incorrect, but it would not be in fitness of things to insist that suit must be decided by that Civil Judge only ‑‑‑ Such a course would be embarrassing for all concerned including concerned Civil Judge ‑‑‑ Suit was ordered to be transferred from that Court to another with remarks that if Civil Judge felt that petitioners had thrown mud on him without any basis, Judge could proceed against petitioners in accordance with law. Saghir Muhammad Khan for Petitioners. Nemo for 'Respondents. Date of hearing: 6th March, 1991. Jeeta Masih and others have made this petition for transfer of a suit brought by them against the respondents, Province of the Punjab and others. That suit is pending in the Court of Mian Muhammad Younis, Civil Judge, Okara. Before making this petition, they filed an application before the District Judge, Okara, for transfer of the suit from the Court of the said learned Civil Judge but their application was dismissed by the learned District Judge. They have, therefore, approached this Court for transfer of the suit.

2. Allegations made by the petitioners are that the respondents Nos.2 and 3 had tried to influence the learned Civil Judge by bribing him and otherwise and, therefore they do not expect him to do justice in the case. They had also made complaint against the learned Civil Judge which was rejected by the Member of the Inspection Team of this High Court.

3. Respondents have not come forward to oppose this transfer application. In his comments, the learned Civil Judge has refuted the allegations levelled against him but, towards the end of his comments, it has been added by him that he would have no objection to the transfer of the suit from his Court. It is a cardinal principle of law that justice should not only be done but should also appear to have been done. I do not say that the allegations levelled against the learned Civil Judge are correct but in view of the unpleasant developments referred to above it would not be in the fitness of things to insist that the suit shall be decided by the said learned Civil Judge only. Perhaps, such a course would be embarassing for a concerned, including the learned Civil Judge. I, therefore, transfer the suit from his Court to that of the Senior Civil Judge, Okara. The petition is disposed of accordingly with no order as to costs.

4. Before parting with this matter I would like to say (hat if the learned Civil Judge feels that the petitioners have thrown mud on him' without any basis whatsoever he may proceed against them in such manner as he may like. Needless to say that if any proceedings are taken out by him in this regard, the same would be decided on merits and in accordance with law. H.B.T./J‑103/L Order accordingly.