1990 PLP 2148 (MLD)

This petition relates to a suit pending before the Senior Civil Judge, Sialkot. The petitioner, namely, Mst. Farkhanda Akhtar, is plaintiff in the said suit while the respondents, Mian Naeem‑ur‑Rehman and others, are respondents therein. Learned counsel for the petitioner submits that respondent No.1 being an Advocate of Sialkot and a former Member of Majlis‑e‑Shura, wields lot of influence in Sialkot District and is, therefore, delaying the disposal of the case. According to learned 'counsel for the petitioner, even the direction of the. Member of the Inspection Team of this Court, for disposal of the case within a period of three months, was not complied with. He submits that almost even order was passed by the learned Senior Civil Judge in accordance with. the wishes of respondent No.1 and, therefore, the petitioner entertains apprehension that she would not get justice from him.

2. Respondent No.13 does not contest the petition but learned counsel for respondent No.1 has strongly opposed the transfer of the case from Sialkot. He has pointed out that the Senior Civil Judge, against whom the aforesaid grievance has been voiced, has since been transferred. He has no objection if a direction is given by this Court for early disposal of the case.

3. I asked the petitioner and her learned counsel as to whether they would be satisfied if the case is transferred to some Additional District Judge or to the District Judge of Sialkot but their reply was in the negative. Learned counsel for the petitioner disclosed that a revision was filed before the learned District Judge but that was decided against the petitioner.

4. Although the petitioner is a female and her going to another district to pursue the suit would put her to a lot of bother and expenses yet she insists for the transfer of the case to another district. She appears to be very much scared of respondent No.1. May be that the orders passed by the learned Senior Civil Judge or the learned District Judge were according to law but, rightly or wrongly, she feels that they were procured by respondent No.1 by exerting his influence. Justice should not only be done but should also appear to have been done is a cardinal principle of law. We have also to ensure that the parties have full confidence in the Courts before whom they are litigating. I am, therefore, inclined to accede to the petitioner's request for transfer of her suit to a Court outside the District of Sialkot. Learned counsel for respondent No.1 submits that if at all the case to be transferred from Sialkot, it may be transferred either to Gujrat or Lahore. The suit is, therefore, transferred to Lahore. This petition is disposed of accordingly, with no order as to costs. M.B.A./F‑213/L Suit transferred.