1989 PLP 1641 (CLC)

Sardar Ashiq Muhammad Khan for Petitioner. Muhammad Akbar for Respondent. Date of hearing. 30th October, 1988. This is an application for the re‑transfer of suit for specific performance of contract titled Ghazi and others v. Mst. Hafeezan Begum', from the Court of Mr. Khalid Mahmood Civil Judge Ist Class, Bahawalpur to the Court of Civil Judge Ist Class Ahmadpur East.

2. The property subject‑matter of the suit is situate in Ahmadpur East. The case was originally filed at Ahmadpur East. It was on the application of Mst. Hafeezan Begum respondent that the same was transferred from the Court of Civil Judge Ist Class, Ahmadpur East to the Court of Mr. Khalid Mahmood Civil Judge Ist Class, Bahawalpur on 6‑6‑1988, by the learned District Judge, Bahawalpur.

3. Learned counsel for the petitioner submits that since property is situated in Ahmadpur East; that the witnesses of the plaintiffs reside in Ahmadpur East; that the contract was executed at Ahmadpur East; that Hafeezan Begum respondent is also permanent resident of Ahmadpur East, therefore, the case should not have been transferred by the learned District Judge on the ground of the convenience of Mst. Hafeezan Begum, a pardanasheen lady. Learned counsel for the respondent has seriously opposed this application on the ground that since Mst. Hafeezan is an old lady of 75 and is presently living in Bahawalpur, therefore, keeping in view her convenience, the case was rightly transferred by the learned District Judge.

4. I have considered the matter. I find that the learned District Judge while transferring the case from Ahmadpur East has considered the convenience of one party and not the parties of the suit; that he was also not mindful of the fact that the suit property is situated in Ahmadpur East. In his order he stated that although Mst. Hafeezan Begum respondent was resident of Ahmadpur East and her name appears in the voters list of Ahmadpur East, yet she has shifted to Bahawalpur. He seems to be unmindful of the fact that in case of transfer of the case to Bahawalpur, the petitioner/plaintiff who has also engaged counsel from Ahmadpur East and his witnesses who lives in Ahmadpur East will face hardship. While considering the application for the transfer of the case, the learned District Judge should have considered the possible inconvenience, which may be caused to the plaintiff/petitioners. Furthermore, Mst. Hafeezan Begum is being represented by her counsel and her statement as a witness can be recorded on commission. Keeping in view the peculiar circumstances of the case, I feel inclined to re‑transfer the case from the Court of Mr. Khalid Mahmood, Civil Judge Ist Class, Bahawalpur to the Court of Ch. Muhammad Aslam, Civil Judge Ist Class, Ahmadpur East. The trial Court will decide the case within 3 months from today and may proceed from day to day, if necessary. The trial Court will also appoint commission for the examination of Mst. Hafeezan Begum respondent, if so desired by her. The parties will appear before the trial Court on 7‑11‑1988. M.Y.H./G‑182/L Case re‑transferred.