2013 PLP 739 (MLD)

RAUF AHMAD SHEIKH, J.

The petitioner seeks transfer of civil suit titled "Mian Imtiaz Aleem and others v. Mst. Rukhsana and others" and "Mst. Rukhsana and others v. The Province of Punjab and others" pending before the learned Civil Judge Ist Class, Muzaffargarh to any Court of competent jurisdiction at Multan. It is urged that respondent No.1, father of the sitting MPA, is extending threats to the petitioner so it is impossible for her to pursue the suits in the learned trial court; that respondent No.1 is a political figure and influential person, who has grabbed the property of the petitioner and of her two sons fraudulently; that the petitioner is illiterate "Pardah" observing lady and it is difficult for her to travel to Muzaffargarh; that the Board of Revenue has transferred her petition from the Court of Additional Commissioner D.G Khan to the Commissioner D.G Khan so the civil suits should also be transferred and that the convenience of the females is always to be kept in mind, while dealing with such matters.

2. The learned counsel for the petitioner has reiterated the above contentions and relied upon the Law Notes 1968 (N.U.C) Lahore 5.

3. The learned counsel for the respondents has vehemently opposed the petition. It is contended that the petitioner is closely related to the renowned 'Khar' family, which is one of the strongest families in the Province so her allegations against the respondent No.1 are false and that there are five females i.e. respondents Nos.2 to 6, who would suffer irreparable loss, if the suits are transferred from Muzaffargarh.

4. The petitioner no doubt is a female but there are five females on the opposite side also. The political figures cannot exercise any influence on the Judicial Officers because they are under obligation to decide the cases on merits and strictly in accordance with law as they are answerable to their superiors in this world and to Allah Almighty hereinafter. Whatever status of the family of the parties may be, it will have no bearing on the outcome of the suits. The transfer of the petitions from one Officer of D.G Khan to the other officer posted at the same place also does not constitute a valid ground for transfer of the civil suits. If the petitioner has any genuine apprehension, she may move an application before the police authorities and also seek protection through the learned trial court. The power under section 24, C.P.C. should be exercised with due care and diligence because frequent transfer of the cases is one of the main causes for delay in administration of justice. The suits cannot be made shuttle cocks at the whims of the parties and should not be transferred from one District to the other only on the basis of the self concocted or feared apprehensions. The petition is without merits and the same is hereby dismissed. MWA/R-38/L Petition dismissed.