' Jeeta Masih and others have made this petition for transfer of a suit brought by them against the respondents, Province of the Punjab and others. That suit is pending in the Court of Mian Muhammad Younis, Civil Judge, Okara. Before making this petition, they filed an application before the District Judge, Okara, for transfer of the suit from the Court of the said learned Civil Judge but their application was dismissed by the learned District Judge. They have, therefore, approached this Court for transfer of the suit.
2. Allegations made by the petitioners are that the respondents Nos.2 and 3 had tried to influence the learned Civil Judge by bribing him and otherwise and, therefore they do not expect him to do justice in the case. They had also made complaint against the learned Civil Judge which was rejected by the Member of the Inspection Team of this High Court.
3. Respondents have not come forward to oppose this transfer application. In his comments, the learned Civil Judge has refuted the allegations levelled against him but, towards the end of his comments, it has been added by him that he would have no objection to the transfer of the suit from his Court. It is a cardinal principle of law that justice should not only be done but should also appear to have been done. I do not say that the allegations levelled against the learned Civil Judge are correct but in view of the unpleasant developments referred to above it would not be in the fitness of things to insist that the suit shall be decided by the said learned Civil Judge only.
Perhaps, sucha course would be embarassing for all concerned, including the learned Civil Judge. I, therefore, transfer the suit from his Court to that of the Senior Civil Judge, Okara. The petition is disposed of accordingly with no order as to costs.
4. Before parting with this matter I would like to say that if the learned Civil Judge feels that the petitioners have thrown mud on him without any basis whatsoever he may proceed against them in such manner as he may like. C Needless to say that if any proceedings are taken out by him in this regard, the same would be decided on merits and in accordance with law.