ABDUL KHALIQ vs MUHAMMAD ANWAR NASIR S — 2021 MLD 1197 QUETTA-HIGH-COURT-BALOCHISTAN

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ABDUL KHALIQ VS MUHAMMAD ANWAR NASIR 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, had 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 civil 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 delay 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, which was the requirement of S.24 of the Civil Procedure Code, 1908---Application for the transfer of the case was dismissed, in circumstance.

ABDUL KHALIQ vs MUHAMMAD ANWAR NASIR S — 2021 MLD 1197 QUETTA-HIGH-COURT-BALOCHISTAN

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