2012 PLP 501 (MLD)

IJAZ AHMAD CHAUDHRY, C.J.

Through this application under section 24, C.P.C. the petitioner seeks transfer of case titled Islamic Welfare Trust v. Abdul Aleem filed by respondent No. 1 pending in the court of Mr. Khizar Hayat Sial, Additional Sessions Judge, Lahore to any court of competent jurisdiction at Lahore.

2. The learned counsel for the petitioner contends that except the above said suit the parties to this case are also interlocked into criminal litigation and while deciding Criminal Revisions No. 9-22/3/2011 and 12-4-2011 the learned Presiding Officer has already disclosed his mind in favour of respondent No. 1, thus, the petitioner has lost confidence upon a fair justice on the part of the learned Presiding Officer in the above said suit. The father of Special Attorney of respondent No. 1 namely Abdul Rehman Madani is also claiming visiting terms with the learned Presiding Officer and boasting that he would get decision of the case according to his own whim and wish because the learned Presiding Officer remained his pupil.

3. On the other hand the learned counsel for respondent No. 1 contends that the instant application for transfer is nothing but a delaying tactics on the part of the petitioner just to linger on the matter as well as to avoid from decision of the case. This application has been filed on the basis of mere vague and bald allegations which were not supported with any substantiating material at all. The petitioner has not imposed any allegations upon the learned Presiding Officer that he has not fairly decided the above mentioned revision petitions but has expressed only an apprehension that the learned Presiding Officer will decide the matter on the same lines. Such type of apprehensions cannot be made basis for transfer of cases because every case has its own merits.

4. After hearing the learned counsel for the parties and going through the documents appended with this petition it has been noticed by me that earlier two criminal revisions in respect of the same subject-matter have already been decided by the learned Presiding Officer which shows that the matter has earlier been dealt with by him. Now at this juncture on the eve of filing of the instant suit the learned Presiding Officer has once again taken hold of the same matter on civil side but the petitioner has expressed his apprehensions in so many words that he has lost confidence upon the learned Presiding Officer. In the background of such a scenario the stand taken by the petitioner in the present application for transfer has substance which persuaded this Court to think over it and considered the same. Even otherwise fair play of justice is the right of every party and the petitioner cannot be deprived of this right especially in the circumstances when he has lost confidence upon the learned Presiding Officer. Moreover if the case is transferred no prejudice would be caused to the other side. This application is, therefore, accepted and the case titled Islamic Welfare Trust v. Abdul Aleem filed by respondent No. 1 pending in the court of Mr. Khizar Hayat Sial, Additional Sessions Judge, Lahore is hereby withdrawn from him and is sent to the Court of District and Sessions Judge, Lahore either to try the matter himself or entrust the same to any other court of competent jurisdiction at Lahore. K.M.Z./A-212/L Application accepted.