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MANZOOR AHMAD versus ABID TABRAIZ


On the basis of the transfer of section 24 case (i) the District and Sessions Judge is giving a long delay. (ii) is malicious; (iii) fears of having relations with another party may be ruled out that the High Court has called for the comments of the session judge, in which the district and session judge's administrators Opposition language has been requested, session grounds not welcomed, session judge not found. Ordered to appear before the High Court and instructed to exercise caution in the future litigation which he may be entitled to treat with respect, refusing to transfer the matter in the case.

P L D 1983 Lahore 309

Before Ghulam Mujaddid Mirza, J

Pir MANZOOR AHMED--Petitioner

versus

ABID TABRAIG AND OTHERS-Respondents

Criminal Miscellaneous No. 2-T of 1983; decided on 22nd February; 1983.

Civil Procedure Code (V of 1908)-

S. 24-Transfer of case--Sought for on grounds (i) District and Sessions Judge giving long adjournments; (ii) is rude; (iii) apprehension of his siding with other party as such justice may be denied-High Court calling for comments of Sessions Judge-Comments showing District and Sessions Judge using language against petitioner unbecoming of a Judge-Grounds for transfer, held, not found made out -Sessions Judge ordered to appear before High Court and directed to be careful in future-Litigant whosoever he may be entitled to be treated with respect-Transfer of case declined in circumstances.

Petitioner in person.

ORDER

- Pir Manzoor Ahmed has applied for transfer of appeal "Abid Tabraiz etc. v. Pir Manzoor Ahmad", pending in the Court of Mr. Muhammad Ajmal Khan, Additional District Judge, Jhelum. Notice vas issued on 13-2-1983. Simultaneously I called for comments. Those have been submitted.

2. The grounds on which the transfer is being sought are that long adjournments are being given by the Judge ; he is rude ; the petitioner apprehends that the Judge is siding with the other side and finally that there is serious doubt in the mind of the petitioner that he would not get justice.

3. 1 went through the comments and noticed that the language used , was that of unbecoming of the Judge. I, therefore, sent for him. He was told to be careful in future. It does not cost much to be polite an courteous both in behaviour as well as in writing. .A, litigant, whosoever he may be, is entitled to be treated with respect.

4. I have ordered the Judge to decide the appeal pending before him expeditiously. No ground for transfer is made out., The application i dismissed.

M.Y.M. Petition dismissed.

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