1999 PLP 448 (MLD)
MUHAMMAD FAROOQ SALEEM — Petitioner Versus Mst. RASHIDA AKHTAR and others — Respondents
| Citation | 1999 PLP 448 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD FAROOQ SALEEM — Petitioner Versus Mst. RASHIDA AKHTAR and others — Respondents |
Q1: What are the key laws and sections cited in 1999 PLP 448 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 448 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 448 (MLD) (MUHAMMAD FAROOQ SALEEM — Petitioner Versus Mst. RASHIDA AKHTAR and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sh. Hakim Ali, Muhammad Basit Babar, M.A. Farani, Syed Munawar Hussain Naqvi for Petitioner.
- 3. Learned counsel for the petitioner submitted that the petitioner filed a civil suit for declaration and for perpetual injunction in the Court of Civil Judge Ist Class, Bahawalptlr which related to property left by Muhammad Ali Asghar deceased. In the meanwhile Mst. Rashida Akhtar filed four suits in the Court of Civil Judge. Hasilpur and one of the civil suits was decreed ex parte. It was submitted that the suit filed by the petitioner deserves to be transferred a Civil Court at Bahawalpur for the reasons that the petitioner apprehends that he would not get fair trial at Hasilpur for husband of one of the respondents was an Advocate at Hasilpur and besides that part of the property was located within Bahawalpur Sub-Division, and some of the defendants also have offices at Bahawalpur and it would be in the interest of the parties that the matter be adjudicated upon at Bahawalpur. Learned counsel for respondents Nos. 1 to 3 submitted that the plaintiff/petitioner as well as the respondents reside at Hasilpur, and that Mst. Rashida Akhtar was an old lady and she can look after her interest in a better way at Hasilpur and that grounds on which transfer of civil suit is being sought are hypothetical. The representatives of the Banks have also not supported the prayer made by the petitioners.
Headnotes / Summary
S. 24
Transfer of suit from one Civil Court to another
Mere convenience of the petitioner was hardly a ground for transfer of the civil suit.
Judgment & Decree
The application has been submitted for transfer of suit titled Muhammad Farooq Saleem v. Mst. Rashida Akhtar and others' pending in the Court of Mr. Abdul Hameed, Civil Judge First Class, Hasilpur to any other Court of competent jurisdiction at Bahawalpur.
2. Notice to the respondents was issued on 12-11-1996. Learned counsel for the parties and representatives of the respondents have been heard in the matter today.
3. Learned counsel for the petitioner submitted that the petitioner filed a civil suit for declaration and for perpetual injunction in the Court of Civil Judge Ist Class, Bahawalptlr which related to property left by Muhammad Ali Asghar deceased. In the meanwhile Mst. Rashida Akhtar filed four suits in the Court of Civil Judge. Hasilpur and one of the civil suits was decreed ex parte. It was submitted that the suit filed by the petitioner deserves to be transferred a Civil Court at Bahawalpur for the reasons that the petitioner apprehends that he would not get fair trial at Hasilpur for husband of one of the respondents was an Advocate at Hasilpur and besides that part of the property was located within Bahawalpur Sub-Division, and some of the defendants also have offices at Bahawalpur and it would be in the interest of the parties that the matter be adjudicated upon at Bahawalpur. Learned counsel for respondents Nos. 1 to 3 submitted that the plaintiff/petitioner as well as the respondents reside at Hasilpur, and that Mst. Rashida Akhtar was an old lady and she can look after her interest in a better way at Hasilpur and that grounds on which transfer of civil suit is being sought are hypothetical. The representatives of the Banks have also not supported the prayer made by the petitioners.
4. No good ground for transfer of the civil suit from Civil Court Hasilpur to Civil Court at Bahawalpur is highlighted at the bar. The conduct of the learned Presiding Officer of the Trial Court has not been impugned in any manner and mere convenience of the petitioner is hardly a ground for transfer of the civil suit.
5. The petition is without any merit, and is dismissed. C.M.A./M.693/L Transfer application dismissed.