2013 PLP 1332 (CLC)

AQEEL AHMED ABBASI, J.

Through instant civil transfer application the applicant who is defendant in First Class Suit No.25 of 2011 pending before the Senior Civil Judge Tando Muhammad Khan, has sought transfer of aforesaid suit from the above mentioned Court to any other Court on the sole ground that the learned Judge has dismissed the application filed by the applicant/defendant under Order VII, Rule 11, C.P.C. without proper opportunity of rebuttal to the applicant/ defendant, therefore, the applicant/defendant has lost faith in the learned Judge.

2. Notices were issued pursuant to which comments have been filed by learned Senior Civil Judge Tando Muhammad Khan wherein all the adverse allegations have been denied. It has been stated that the application filed on behalf of the applicant/defendant under Order VII, Rule 11, C.P.C. was dismissed after providing opportunity to both the parties in accordance with law, against which order the applicant filed Civil Appeal No.3 of 2012 which has also been dismissed by the learned District and Sessions Judge Tando Muhammad Khan. It is further stated that the applicant wants to linger on the matter, however, he has no objection if the matter is transferred to some other Court.

3. Learned counsel for the applicant has stated that against the concurrent orders of the courts below civil revision application is pending before this Court. Learned counsel further contended that since the learned Senior Civil Judge has not passed the proper order, therefore, the applicant/defendant has lost faith.

4. I have heard the learned counsel for the applicant and perused the record. Record shows that the applicant has already sought remedy against the order passed on application filed under Order VII, Rule 11, C.P.C., by the learned Senior Civil Judge Tando Muhammad Khan by filing Civil Appeal No.3 of 2012 which was dismissed, whereafter a revision application has also been filed before this Court which is pending disposal. In view of hereinabove the contention of the learned counsel for the applicant seeking transfer of the case appears to be misconceived. Furthermore, mere dismissal of an interlocutory application alone cannot be the ground for seeking transfer of the case from one Court to another, particularly when the remedy as provided under the law against such order has already been availed by the aggrieved party by filing appeal or revision against.

5. It may be clarified that the parties cannot be allowed to seek transfer of the case from one Court to another without showing sufficient cause or in the absence of any valid ground(s). Such practice tends to frustrate and cause delay in the lawful proceedings pending before the competent Court of jurisdiction and also causes inconvenience to other party without any fault on their part. In the instant case, the applicant has failed to show any reasonable cause and has also not raised any valid ground for seeking transfer of the case from the trial Court which is the requirement of section 24, C.P.C., therefore this Court is not inclined to entertain such request of the applicant. Accordingly instant civil transfer application being devoid of merits is hereby dismissed. MWA/J-5/K Application dismissed.