1994 PLP 1655 (CLC)

Through this application, the petitioner seeks withdrawal of the suit titled Muhammad Ashraf v. Hakim Ali at present pending in the Court of Mr. Muhammad Salim Uppal, Civil Judge, Faisalabad and transfer of the same to the Court of Ch. Abdul Sattar, Civil Judge, Ist Class, Faisalabad in whose Court another suit filed by the respondent against the petitioner for possession of the same land through pre‑emption is pending.

2. The suit the transfer of which has been sought was filed by respondent for declaration that he was in possession of the land. During the pendency of the said suit, the present petitioner allegedly took over forcible possession of the same in violation of the stay order issued by the said Court and an application for restoration of possession is pending disposal before the said Court.

3. The petitioner previously made an application before the learned District Judge, Faisalabad for transfer of the suit as well as application for restoration of possession pending before Mr. Muhammad Salim Uppal, learned Civil Judge to the Court of Ch. Abdul Sattar, Civil Judge, Faisalabad for disposal of both of them together. The only ground urged was that both the suit should be disposed of by the same Court so that conflicting judgments may not be passed. The learned District Judge through order dated 7‑11‑1992 did not agree with the petitioner that there was any common ground in the two suits therefore, it was not necessary that both the suits should be decided by the same Court as there was no possibility of conflicting judgments as both the suits had proceeded on different grounds. The petitioner did not agitate the matter any further. Rather he made another application in May, 1993 before the learned District Judge, Faisalabad for transfer of suit pending in the Court of Ch. Abdul Sattar, Civil Judge, Ist Class, Faisalabad to the Court of Mr. Muhammad Saleem Uppal, Civil Judge, Faisalabad. This application was dismissed through order dated 7‑7‑1993.

4. Neither in the previous application nor in this application any allegation was made that he petitioner had lost faith in Mr. Muhammad Salim Uppal, Civil Judge, Faisalabad or that he was not conducting the proceedings impartially.

5. In this application a ground has been urged that Mr. Muhammad Salim Uppal learned Civil Judge was not conducting the proceedings impartially and the petitioner had lost faith. In my view, this ground is an after thought and has been made out to seek transfer of the suit. When questioned as to what was the reason for entertaining the apprehension Muhammad Salim Uppal, Civil Judge, Faisalabad was not conducting the proceedings impartially, learned counsel for the petitioner stated that he was giving short dates in the case.

6. I have noticed that the learned District Judge, Faisalabad in his order dated.7‑11‑1992 gave direction to both the Courts to expedite the disposal of both the suits therefore, merely because short dates were being given by Mr. Muhammad Salim Uppal learned Civil Judge, Faisalabad, doubt could not be entertained that he was not conducting himself impartially, the petition has no force which is accordingly dismissed. H.B.T/H‑117/L Application dismissed.