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Mir SHAMS UD DIN vs Mir ZIA UD DIN S — 2025 CLC 130 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2025 CLC 130 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2025
Reporter
CLC
Parties
Mir SHAMS UD DIN vs Mir ZIA UD DIN S
Subject matter
Civil
Provisions referred to
S. 24---G

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mir SHAMS UD DIN VS Mir ZIA UD DIN S.24---General power of transfer and withdrawal of suit---Scope---Bias in a judge, proof of---Petitioner sought transfer of suits on the ground of bias of the Presiding Officer, seized with the trial thereof and because alleged utterance of other side that they would get the relief from the Trial Court---Validity---Petitioner had failed to establish the bias in the judge because utterance of the other side that they would get favour from the Court did not constitute a sufficient ground for transfer of the case from one Court to another---Allegation of bias of the Trial Court raised by the petitioner was not supported by any sort of evidence as in order to demonstrate bias against a judge it must be established that some act or expression of a judge visible on the ground would adversely affect the case---Mere assumption and apprehension cannot be entertained as a piece of tangible evidence; therefore, the bald statement could not be made the basis for the transfer of case, and the case would not be transferred as a matter of routine or at the whims of the parties---Administration of justice requires that litigants should have confidence in the judicial system and an application can be filed for transfer of a case when a party has sufficient reasons, grounds, and evidence in his/her possession regarding pecuniary interest and bias of judicial officer, which elements were not available in the case in hand---Civil revision was dismissed, in circumstances.

Other judgments reported in 2025 CLC

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