2008 PLP 1518 (CLC)
GUL NAWAZ — Applicant Versus Rai MUHAMMAD RIAZ and 3 others — Respondents
| Citation | 2008 PLP 1518 (CLC) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | GUL NAWAZ — Applicant Versus Rai MUHAMMAD RIAZ and 3 others — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2008 PLP 1518 (CLC)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 1518 (CLC)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 1518 (CLC) (GUL NAWAZ — Applicant Versus Rai MUHAMMAD RIAZ and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. M. Masood Jahangir for Respondent No.1.
- Shoaib Zafar for Respondents Nos.2 to 4.
Headnotes / Summary
Ss. 24 & 151--Transfer of suit
Application for--Application against the Presiding officer seized of the matter
Applicant having incurred apprehension that he was not likely to have a fair and even handed treatment, case was transferred to Senior Civil Judge
Such order, however, would not be construed, in any manner, reflecting upon the integrity and honesty of the Presiding Officer from whom the case was being transferred.
Judgment & Decree
SAYED ZAHID HUSSAIN, C.J.
Suit titled "Rai Muhammad Riaz v. Muhammad Sadiq and others" is being tried by Mr. Nadim Tahir Syed, Civil Judge 1st Class, Sargodha. For transfer of which an application was moved by the petitioner before the learned District Judge, Sargodha which was dismissed on 19-5-2008. This is application for the same purpose.
2. The learned counsel for the parties have been heard.
3. The learned District Judge, Sargodha has already found the allegation as having no substance. I find no justification to take a different view. Since, however, by making application against the Presiding Officer seized of the matter, the petitioner now has incurred apprehension that he is not likely to have a fair and even handed treatment, I am inclined to transfer the suit to the learned Senior Civil Judge, Sargodha. Needless to mention that this order will not be construed in any manner reflecting upon the integrity and honesty of the Presiding Officer from whom the case is being transferred. In order to allay the apprehension of the respondent that the petitioner's side is interested in prolonging the matter and delaying the trial of the suit, it is directed that the learned Senior Civil Judge, Sargodha will proceed with the matter expeditiously, conclude the trial and decide the matter by the end of this year. The petition is disposed of accordingly with the above observations. H.B.T./G-28/L Order accordingly.