Application Under Section 12(2) C.P.C in Pakistan

 

Section 12(2) of the Code of Civil Procedure (C.P.C) in Pakistan pertains to the jurisdiction of courts in civil matters. This section provides the guidelines for filing an application under Section 12(2) C.P.C, which allows a party to request the transfer of a case from one court to another.

Procedure for filing an application under Section 12(2) C.P.C:

1. Drafting the Application: The first step in filing an application under Section 12(2) C.P.C is to draft the application. The application should be concise and clearly state the grounds on which the transfer is being sought. It should also mention the court from which the transfer is requested and the court to which it should be transferred.

2. Grounds for Transfer: The application must provide valid grounds for seeking the transfer of the case. Some common grounds for transfer include:

a. Convenience of Parties: If it can be shown that it would be more convenient for all parties involved, including witnesses, to have the case heard in a different court, this can be a valid ground for transfer.

b. Interest of Justice: If it can be demonstrated that the interest of justice would be better served by transferring the case to another court, this can also be a valid ground for transfer.

c. Bias or Prejudice: If there is a reasonable apprehension that the presiding judge in the current court may be biased or prejudiced against any party, this can be a valid ground for seeking transfer.

d. Inconvenience or Expense: If it can be shown that one party would face significant inconvenience or expense in attending hearings in the current court due to distance or other factors, this can be a valid ground for transfer.

3. Filing the Application: Once the application has been drafted, it needs to be filed in the court from which the transfer is sought. The application should be accompanied by an affidavit stating the facts on which the application is based.

4. Service of Notice: After filing the application, it is necessary to serve notice to all parties involved in the case, including the opposite party and any other interested parties. The notice should inform them about the application for transfer and provide them with an opportunity to present their arguments against it.

5. Hearing: The court will then schedule a hearing to consider the application for transfer. At the hearing, both parties will have an opportunity to present their arguments and evidence in support of or against the transfer.

6. Decision: After considering all the arguments and evidence presented, the court will make a decision on whether to grant or deny the application for transfer. The court's decision will be based on the merits of the case and the grounds provided for seeking transfer.

It is important to note that the decision to grant or deny an application under Section 12(2) C.P.C is at the discretion of the court. The court will consider various factors, including the nature of the case, convenience of parties, interest of justice, and any other relevant considerations before making a decision.

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