ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Civil Tr. Application No.S-11 of 2017
|
Date |
Order with signature of Judge |
1. For katcha peshi
2. For hearing of
CMA No.368/2017
18-12-2017
Mr.
Ali Mutahir Shar, State Counsel
.-.-.-.-.-.-.-.-.-.-.-.-
This is a Civil
Transfer Application. Counsel for the applicant is not present but the
applicant No.1 himself is present and when queried, states that his
apprehension is that respondents would try to influence the suit proceedings
sub judice before learned Senior Civil Judge Mirwah. From the record it appears that earlier the present
applicants have filed similar nature of proceeding before the learned District
Judge Khairpur which was dismissed vide order dated
18.3.2017. The perusal of earlier application also shows that it was preferred
almost on the identical grounds which have been taken in the instant
application.
The reply of
learned Senior Civil Judge is also available on record, which was filed before
the learned District Judge.
Transfer of a
case from one learned Court to another cannot be allowed in a routine manner,
except when there are plausible and tangible grounds for such a transfer and if
applications of such nature are entertained in routine manner then it would
lead to a situation where the parties and their counsel would be in effect are
allowed to interfere in the administrative hierarchy of this Institution, that
can lead to disastrous results. Secondly, unless there is substantial material
and grounds available in such Transfer Applications, even the comments are not
necessarily required to be called from the concerned Court, which is seized of
a matter / case.
In view of the
above, this Civil Transfer Application is dismissed being meritless.
However, the learned Trial Court while proceeding with the matter strictly in
accordance with law, shall keep in view the cardinal principle ‘that justice should not only be done but it
should manifestly seen to be done.’
JUDGE
Suleman Khan/PA