P L D 1995 Lahore 89 (PLP)

This is a miscellaneous petition under section 24 of Civil Procedure Code, 1908 for transfer of two civil appeals from the cause list of a learned Additional District Judge of Lahore to any other Court of corresponding jurisdiction in the same district. A brief reference to the facts shall suffice proper perception of the controversy. Respondent instituted a suit for possession of a house at Lahore against the petitioner on the basis of his title to it. Petitioner resisted the suit for possession filed against him. Latter relied upon an agreement for its sale to him by the respondent and instituted a suit for its specific performance for finalization of the sale of the house to him. Initially, both the civil suits were tried by Mr. Nawaz Ahmad Ghumman, the then Civil Judge of Lahore. Issues in the suits were settled by him. He-had recorded evidence of a few witnesses at the trial. Some of them were formal witnesses. Others were material to the points at issue between the parties. During the course of trial of these two suits, Mr. Nawaz Ahmad Ghumman, Civil Judge was transferred. His substitute took over the trial of these suits. He completed the trial and decided them finally. Suit for possession filed by respondent was decreed in his favour and that instituted by the petitioner for specific performance of the sale agreement was dismissed by a common judgment. It may be observed that after transfer of Mr. Nawaz Ahmad Ghumman, Civil Judge.from Lahore, his successor had consolidated both the suits for a common trial of them. Petitioner preferred two separate appeals from the adverse judgment given in the consolidated trial of the suits by the trial Court. Appeals were marked to Mr. Nawaa Ahmad Ghumman who by the time had been appointed Additional District Judge of Lahore. Appeals remained on his cause list for some time But before these could be finally dealt with by him, petitioner applied to learned District Judge, Lahore for the transfer of their hearing by any other Court of competent jurisdiction at Lahore. The application for transfer of appeals was dismissed, on 20-11-1994. Thereupon, instant civil revision was filed in this Court, There was no dispute that the learned Additional District Judge presently hearing the civil appeals between the parties was previously associated with the trial of the suits giving rise to them. He had taken down the evidence of a few witnesses of the parties. No doubt, some witnesses were of the formal nature, but others were material to the unfolding of the controversy between the parties and proof of it. It was true that the learned,! Judge then holding the trial of the suits had not recorded his own observations on the demeanour of witnesses or passed any order materially affecting the parties to the suits or the credibility of their witnesses examined by him. Nonetheless, he had seen the witnesses and recorded their evidence. His association with the material stages of the trial of the suit, therefore, could not be disputed or overlooked. He may have gathered some impression of the oral evidence recorded by him in his mind and may not be oblivious of them in passage of time. Therefore, his past association with the trial of the suits must preclude him from hearing the appeals arising from the judgments in them because it had the potential of his not bringing to bear free and impartial mind on the questions arising for decision in them. Obviously, oral evidence recorded by him at the trial shall fall for review by him and its impact on his mind could surely be different from that of a Judge who was not associated with the trial for taking of evidence in it. Force of impact was a matter of guess only. Edifice of justice was firmly built on absolute fairness and complete detachment and impartiality of the Judge sitting in it. Even a remote possibility of bias, partialitf or unfairness in the person or, conduct of a Judge on any score shall erode and belittle the lofty edifice of justice. Portals of justice must be kept tightly closed to these infirmities for a perpetual survival of the Institution of the Court for allowing it to play its effective sacred role in the administration of justice, Banner of justice must fly high. This is the lesson of history. It must be kept close .to the heart of all those, involved in the administration of justice. A little raising of finger of criticism of the person or I conduct of a Judge was destructive of the sanctity of his Institution and pronouncement of verdicts by him. Standards were fast deteriorating. Institutions were under stress of erosions. I am conscious of it. Courts may also have fallen victim to it. Ideals were now a far cry. Nonetheless, fountain of justice must not be allowed to be sullied with muddy water.. It must remain clear and transparent, because it was its need and also justification for it. Therefore, the Courts must always strive to keep them aloft for saving them an unnecessary and unjustified criticism from the outside world.. This view of the matter persuaded me to order recall two civil appeals between. the parties from the file of Mr. Nawaz Ahmad Ghumman, learned Additional District Judge, Lahore for their hearing and decision by Ch. Karamat Ali, learned Additional District Judge, Lahore. Transfer order shall not be treated as any stigma to his conduct. Records.in the appeals shall be transferred to the transferee Court. Parties shall appear before the transferee Court on 7-1.?-1994. Learned Additional District Judge hearing the appeals shall expedite final decision in them preferably before this year was out. AA./N-290/L ????????????????????????????????????????????????????????????????????????????????????????? Appeals transferred.