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2013 MLD 454

LIAQAT ALI vs GHULAM MUHAMMAD and 4 others

Citation2013 MLD 454
CourtPeshawar High Court
Case No.C.M. No,785 of 2012
Date2012-01-02
Judge(s)Assadullah Khan Chamkani
ResultApplication dismissed

ORDER

' ASSADULLAH KHAN CHAMKANI, J.---This is an application for transfer of suit bearing No, 76/1 of 2011 titled Liaqat Ali v. Ghulam Muhammad and others from the court of Civil Judge/Illaqa Qazi-HI, Malakand to any other court for decision.

2. Learned counsel for the petitioner submits that the petitioner has A expressed his no confidence over the Presiding Officers of the Court on the ground that his similar suit was dismissed by the court concerned but in appeal its judgment was set aside by the appellate court. He submits that the learned. Civil Judge give too short dates in the case, therefore, the petitioner apprehends that the learned Presiding Officer of the Court will not decide the matter in accordance with law.

3. Comments were asked from learned Civil Judge/Illaqa Qazi concerned in which the learned Presiding Officer has expressed his no objection if the case is transferred to any other Courts. The comments further reveal that he is keen in the early decision of each and every case pending in the Court according to National Judicial Policy. Perusal of file would reveal that no specific allegation has been made by the petitioner in the grounds of application for transfer regarding no confidence over the Presiding Officers and mere wishes of a party cannot be held to be a valid ground for transfer of case. The grounds mentioned in the application are not sufficient for transfer of the case from the diary one court to another. Such like frivolous applications require tobe discouraged to run the system, smoothly.

' Hence, the instant transfer application being meritless is dismissed as such. Learned Civil Judge/Illaqa Concerned is directed to decide the case strictly in accordance with law and should not influence from any quarter and decide the case purely on merits.

Cited by 1 case

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