2021 M L D 1197
[Balochistan]
Before Abdullah Baloch, J
ABDUL KHALIQ and 6 others ---Applicants
Versus
MUHAMMAD ANWAR NASIR and others ---Respondents
Civil Miscellaneous No.02 of 2020, decided on 16th June, 2020.
Civil Procedure Code (V of 1908) ---
----S.24 ---Transfer of case, application for ---Sufficient/reasonable cause ---Scope ---
Occurrence of a criminal incident ---Applicants (plaintiffs) sought transfer of the case on the
ground that the respondents (defendants), becoming inimical towards them, ha d attacked
upon their aunt (one of the respondents) and were also threatening them with dire
consequences ---Held, that the applicants had made an attempt to tag the criminal incident
with civil litigation and to base the same for transfer of the civil case to another place just to
create trouble and inconvenience for the respondents (defendants), which, prima facie, seemed to be creation of mala fide intention ---Transfer of case from present place to
somewhere else would create inconvenience for both the parties and their witnesses ---Parties
were close to each other and also residing in the same city and there was no history of previous enmity between them ---Minor incident could not be the base for transfer of case for
which a criminal case had already been registered and law was put into motion ---Applicants
had failed to bring on record any "sufficient cause" for transfer of case ---Record revealed that the counsel of the applicants was also one of the plaintiffs (applicants), High Court observed that, in ci vil litigation he could make an alternate arrangement of an advocate to
proceed with their case--- Even otherwise, the criminal incident had taken place between the
respondents and taking advantage of the same, the applicants had joined hands with one of the respondents to avail sympathies of her in their favour ---Parties could not be allowed to
seek transfer of the case from one court to other without showing "sufficient cause" ---In
absence of any valid ground, such practice tended to frustrate and cause de lay in lawful
proceedings pending before the Court of competent jurisdiction and also caused inconvenience to the other party---Applicants had failed to show any "reasonable cause" or valid ground for seeking transfer of the case from the Trial Court, whic h was the requirement
of S.24 of the Civil Procedure Code, 1908--- Application for the transfer of the case was
dismissed, in circumstance.
Abdul Sadiq Khilji for Applicants.
Shah Rasool Kakar for Respondents Nos.1 to 13 and 19 to 22- a to h.
Jameel Shah for Respondent No.18.
Shahid Ali Baloch, A.A.G.
Date of hearing: 15th June, 2020.
JUDGMENT
ABDULLAH BALOCH, J. ----This transfer application has been filed by the
applicants (plaintiffs) for transfer of Civil Suit No.72 of 2018 pending before the learne d
Senior Civil Judge Loralai ("trial Court"), which was filed by the applicants (plaintiffs)
against the respondents (defendants) for declaration and permanent injunction, seeking share of inherited property of their mother left by their late maternal gran dfather, which is in the
possession of respondents (defendants) on the sole ground that after institution of civil suit the respondents (defendants) have become inimical towards the applicants (plaintiffs) and on 5th December 2019 when the applicants (plai ntiffs) proceeded to appear before the trial
Court and stayed in the house of their maternal Aunt namely Bibi Zaida (respondent No.18), the respondents (defendants) launched attacked upon their maternal aunt in order to cause them hurt and to harass and bl ackmail the applicants (plaintiffs) to withdraw from their legal
rights and also extended threats of dire consequences to the applicants (plaintiffs), thus in such circumstances there is an apprehension that if the case is not transferred from the trial
Court to somewhere else, the respondents(defendants) might launch a deadly attack upon the
applicants (plaintiffs) while travelling or appearing before the trial Court.
2. Pre-admission notices were issued to all the respondents, who made their appearance
and arguments were heard.
3. After hearing arguments and perusing the record, it appears that in the year 2018 the
applicants (plaintiffs) filed a suit for declaration, possession, mense profit and permanent
injunction against the respondents (defendants) in the Court of Senior Civil Judge Loralai,
seeking the relief of their share from the inherited properties left by their maternal grandfather. The suit was contested by the respondents (defendants) by means of filing written statements and the matter is sti ll pending for recording the evidence of parties and till
date the proceedings are under way before the trial Court. It is mainly contended by the applicants (plaintiffs) that the respondents (defendants) after institution of the said suit have become inim ical towards the plaintiffs and on 5th December 2019 attacked upon the
maternal Aunt of the applicants (plaintiffs) to cause hurt to the applicant (plaintiffs). In this regard the perusal of record further reveals that against the said incident dated 5th D ecember
2019, an FIR No.243 of 2019 was lodged by one Shams -ud-Din, who though is not party to
the suit, but however, claimed to be the son of victim Bibi Zaida (respondent No.18) against the private respondents under Section 337- A Q&D read with sections 4 52, 354, 504, 506(2)
and 34, P.P.C. at Police Station Saddar Loralai.
4. It is also observed that the learned counsel for applicant(plaintiffs) made an attempt to
tag that criminal incident with civil litigation and to base the same for transfer of the civ il
case to another place just to create trouble and inconvenience for the respondents
(defendants), which prima -facie seems to be creation of mala fide intention, as the transfer of
case from the Loralai to somewhere else will create inconvenience for both the parties and
their witnesses. Even otherwise, parties are close to each other and also residing in the same
city and there is no history of their previous enmity, thus a minor incident cannot be based for transfer of the case for which FIR has already been lodged and law is taken into motion.
The learned counsel for applicants (plaintiffs) has failed to bring on record any sufficient
cause for transfer of the case from the trial Court to somewhere else. It also appears from the
record that the learned c ounsel for the applicants is also one of the plaintiffs, as such, in civil
litigation he can make an alternate arrangement of an Advocate to proceed with their case. If at all the contents of FIR are taken into consideration even then the incident had take n place
in between the respondents and taking the advantage of the same the applicants (plaintiffs) have joined hands with the respondent No.18 to avail the sympathizes of her in their favour, but it may be clarified that parties cannot be allowed to seek transfer of the case from one Court to another without showing sufficient cause or in absence of any valid ground, such practice tend to frustrate and cause delay in lawful proceedings pending before the Court of competent jurisdiction and also cause incon venience to the other party. In the instant case,
the applicants have failed to show any reasonable cause and has also not raised any valid ground for seeking transfer of the case from the trial Court, which is the requirement of section 24, C.P.C.
For th e above reasons, the application is hereby rejected, with no orders as to costs.
MQ/142/Bal.
Application dismissed.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
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