P L D 1993 Lahore 554 (PLP)

Sameer Ehsan Ullah Makhzan and 3 others, the petitioners, are parties to six suits, five out of which have been consolidated and are pending adjudication in the Court of Mr. Ghaffar Jalil, learned Civil Judge, Lahore. Titles of the suits pending between the parties are as follows:- (1) Sameer Ehsan Ullah Makhzan and others v. Mst. Fauzia and another. (2) Mst. Hanifan Makfizan v. Muhammad Asif Zaman (3) Sameer Ehsan Ullah Makhzan and 2 others v. Shafiq Ahmad. (4) Mst. Fauzia v. Sameer Ehsan Ullah Makhzan and 2 others (5) Muhammad Asif Zarnan v. Mst. Hanifan Makhzan, (6) Shafiq Ahmad v. Saineer Ehsan Ullah Makhzan and 2 others. It may be mentioned here that all the suits arise under section 24,C.P.C. for transfer of the suits on the grounds:-- (a) that the learned Civil Judge dismissed the stay applications; (b) that learned trial Court consolidated five suits but did not consolidate the suit which had been filed by the respondents although decision of that suit should also have been made by consolidating it with other suits; (c) that the respondents are very influential persons and members of their family are big Government officers, therefore, they are posing that they will approach the learned Civil Judge and will get a favourable decision; (d) that the learned Civil Judge is deciding the cases hurriedly; and (e) that the learned trial Court is fixing short dates to dispose of the suits and therefore the petitioners apprehend that they will not get a fair trial if the suits are decided by Mr. Ghaffar Jalil, Civil Judge, the learned trial Court.

2. Report and para-wise comments have been called from the learned Civil Judge who has stated therein that he has disposed of the applications filed by the petitioners judiciously and the order of dismissal of s applications passed by him has been upheld by this Court and further that has no knowledge about the fact that either the respondents or any other member of their family are big officers who can approach him and further the he is expeditiously proceeding with the suits so that they could be decided within the directed period fixed by this Court, and is proceeding with the suits impartially and in accordance with law. The learned Civil Judge has however stated that he has no objection if the suits are transferred to some other Court 3. 1 have asked the learned counsel for the petitioners as to whether t judicial order passed by the learned Civil Judge cannot be challenged before the higher forums and is there any case-law on the subject according to which the suits may have been transferred merely because a judicial order has be passed by the learned Presiding Officer against a litigant. Learned counsel h frankly conceded that this sole ground is not sufficient for the purpose transfer of a suit inasmuch as a judicial order can be challenged before higher forum. However the learned counsel states that if some judicial order are successively passed against a party to the suit, it can give rise to a genuine apprehension in the mind of the party that he is not getting a fair trial. I ha further asked the learned counsel, is it possible that a person who wants to and who approach ; a Presiding Officer will openly propagate and demonstrate that he can approach the officer and he will get decision in his favour? Learned counsel states that ordinarily it is not so but in this case, the respondents & definitely posing so, and therefore the petitioners have a strong apprehension that they will not get justice from the learned Civil Judge. I have further asked the learned counsel appearing for the petitioners in presence of so many lawyers sitting in the Court Room who also practice in the lower Court above the general reputation of the learned Civil Judge who have spoken very high the learned Civil Judge regarding his ability, integrity and nobility. They have however stated that the learned Civil Judge is quick in disposal of case Learned counsel has also not .denied that the learned Civil Judge enjoys a goo reputation except that he decides the cases expeditiously. Learned counsel f( the petitioners however at the end has argued that as the learned Civil Judi himself has stated that he' has no objection if the suits are transfer therefore, there will be no harm to transfer the suits in view of the apprehension of the petitioners as according to the learned counsel, just! should not only be done but should also appear to have been done. 4. 1 have considered the arguments addressed by the learned counsel for the petitioners and have also perused the comments submitted by the learned Civil Judge. There is no cavil with the proposition that justice is not only to t done but it should appear to have been done and further that any genuine apprehension in the mind of the litigant which is based on valid and reasonable grounds that he shall not get justice at the hands of the Presiding Officer, will be a valid ground for transfer of a case from that Court. However it is equal important that the Courts should not be unnecessarily harassed merely on the basis of baseless apprehension, of reckless litigant, which is result of whims. surmises and conjectures. Learned Judicial Officers who preside the Court, have to be given a full protection against frivolous allegations in view of the onerous, noble and dignified duty they are performing while deciding the cases, and for performance whereof they are directly responsible to the Almighty Allah. They should not be allowed to be harassed and maligned unnecessarily by the litigants merely because they pass judicial orders against the said litigants.

5. In the case in hand, the grounds urged by the learned counsel for the petitioners in support of his contentions that the suits should be transferred from the Court of Mr. Ghaffar Jalil, Civil Judge are frivolous and without any lawful basis and justification. If the learned Civil Judge is trying to decide the suits expeditiously in pursuance of the direction issued by this Court, the petitioners should have no actionable cause of grievance at all. Similarly if any judicial order passed by a learned Civil Judge is not. considered lawful by the, petitioners, they can challenge the same before a higher forum. This- cannot be a ground for transfer of a suit. If transfer of cases is permitted on these flimsy grounds, a litigant who has started the litigation in a mala fide manner will not only prolong the agony of the parties to the suit but will also succeed in wasting precious public time and in shaking the confidence which necessarily is to be reposed in the Presiding Officers, who are ordained to administer justice freely without any fear or favour. The allegation of the petitioners that the cases should be transferred because the respondents are posing that they have some high officers in the Government, therefore, they shall approach the learned Civil Judge, is also baseless and is conjectural in nature. No person in his senses will adopt such a course. Learned trial Court has specifically denied having even knowledge about. the alleged status of the respondents. Even otherwise, Judges should not be dubbed as so vulnerable and weak persons who can be influenced by the parties' or their relations, without there being any basis for such an allegation. Comments and report submitted by the learned Civil Judge that he has no objection if the suits are transferred is not t an valid ground for transfer of the suits. Admittedly there is absolutely no allegation against the learned Civil Judge with regard to his diligence, integrity and competency which have rather been testified by the learned counsel who are present in Court and who practise in the lower Courts and even the learned counsel for the 'petitioners has not been able to deny this fact. In view of the above, I see no force in this transfer application and the same is dismissed as being frivolous in nature. The petitioners are burdened with special costs of Rs.1,000 (One thousand) for filing of this frivolous petition. AA./S-323/L Transfer application dismissed.