Daroo Khan vs Haji Abdul Zahir Ss — 2025 YLR 1213 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 YLR 1213 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: YLR
Parties: Daroo Khan vs Haji Abdul Zahir Ss
Subject matter: Civil
Provisions referred to: Civil Procedure Code (V of 1908)

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

Daroo Khan VS Haji Abdul Zahir Ss. 24 & 151---Specific Relief act (I of 1877), Ss. 8, 42 & 54---Civil Procedure Code (V of 1908), O.XX, R.5---Suit for declaration, possession and permanent injunction---application for transfer of case---Bias of trial judge---apprehension---Petitioners sought transfer of the suit on account of remarks given by the trial judge in another application as to veracity of an agreement, which were not supporting the stance of the petitioner in the main suit---appellate court dismissed the transfer application---Validity---Observations made by the trial judge while deciding the application under art. 59 of the Qanun-e-Shahadat, 1984, absolutely had not affected the merits of the case---Trial judge while rendering a final verdict had to decide each issue as contemplated under O.XX R. 5, C.P.C., thus, the apprehension of the petitioners was unnecessary---For transfer of case pecuniary interest and bias of a judge had to be demonstrated, which the petitioners failed to do so, case could not be transferred on the whims and wishes of the petitioner---Petitioners had failed to substantiate their stance, thus, apprehension of not getting justice from the trial judge could not be a ground for transfer of the case, as the one seeking transfer of the case had to prove bias of a judge through trustworthy evidence, which was not available in present case---Civil revision was dismissed, in circumstances.

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