' CH. IFTIKHAR HUSSAIN, J.-- The notice of the respondent has been received back after personal service. None but has turned up on his behalf. Hence, he is proceeded against ex parte.
2. The respondent had brought a suit for Specific Performance or in the alternate recovery of Rs.
1,15,000 against the present petitioner and others at Chiniot. The present petitioner made a transfer application before the learned District Judge, Jhang on the ground that the respondent is Senior Member of District Bar Association as well as practising Lawyer at Chiniot and he is putting his influence upon his advocate as well as the court. The same was accepted and the said suit was transferred to Shorkot from Chiniot. Ultimately, the said suit was dismissed. The respondent preferred an appeal before the . Learned Additional District Judge, Shorkot and on the upgradation of Chiniot as District, the said appeal was transferred there. The same now statedly is pending in the Court of Mian Masood Hussain, learned Additional District Judge there (Chiniot). The petitioner has prayed for transfer of the same outside the district on the above ground.
3. There is nobody to oppose such request.
4. I have carefully considered the submissions made by the petitioner. The copies of the record annexed to the petition gone into.
5. Before proceeding further, I would like to mention here that it is always the supreme object with Court to impart evenhanded justice to the parties. It is also settled principle in the administration of justice that justice should not only be done but seem to have been done. To achieve such object, to maintain the confidence of the parties is necessary. The grievance of the petitioner is that the respondent is a senior local lawyer and so, he puts his influence upon his counsel and the court as well.
6. I, in order to ensure fairness and impartiality to the parties to the case, deem it appropriate that no party may be in advantageous position to other as regards the scale of justice. The lawyer in a district as compared to an ordinary litigant would definitely be in a better or advantageous position in many ways.
7. I may also mention here that initially the civil suit was filed at Chiniot. And on the similar petition brought by the petitioner's side, it was transferred to Shorkot. It ultimately statedly was dismissed.
The appeal against the same was also filed there, which now has been transferred to Chiniot. I may also mention here that to go any other place than Chiniot would be equal for all and none would be in advantageous position in that regard .Than the other.
8. The petitioner, present before this Court seemingly is an old man. Hence, to keep scale of justice even and balanced, I deem it proper to allow this application.
9. I, therefore, to secure the ends of justice, allow this petition and withdraw the appeal titled "Muhammad Ameer Khan v. Allah Yar etc." from the court of Mian Masood Hussain, learned Additional District Judge, Chiniot and transfer the same to the court of learned District Judge, Jhang for disposal in accordance with law.
10. The file be sent to the transferee court without unnecessary loss of time. The parties to appear there on 14-6-2010.
C. M. No. 1-C of 2010
11. As the main petition has been allowed by this Court today, therefore, this miscellaneous petition has lost it's relevance. Dismissed as having gone infructuous.