1990 PLP 896 (CLC)

Date of hearing: 16th September, 1989. This petition under Section 24 read with Section 151 C.P.C. and Article 203 of the Constitution of Islamic Republic of Pakistan seeks transfer of the civil suit titled Mst. Rajan v. Jewan" from the Court of Mr. Pervaiz Ali Shah, Civil Judge 3rd Class, Bhakkar to a Court of competent jurisdiction at Jauharabad, District Khushab.

2. The learned counsel for the petitioner contends that the petitioner is a pardahnashin lady and will not be able to defend herself properly at Bhakkar where the suit has been got filed by her uncles from her father by exerting undue influence and pressure on him.

3. The learned counsel for the petitioner further contends that the petitioner apprehends bodily harm if she goes to Bhakkar to defend herself there as her uncles, who have got the suit filed, are very influential people in the area and thus will cause impediments in the way of putting up of a defence by the petitioner.

4. The next contention of the learned counsel for the petitioner is that the influence of the uncles of the petitioner, who are in fact at the back of the suit sought to be transferred, is also' ‑manifest from the record that although the respondent had complained to the Assistant Commissioner about illegal occupation of his house and household effects by the uncles of the petitioner nothing concrete has come up from this complaint with the result that the father of the petitioner, the respondent, was also cowed down to follow the dictates of the uncles of the petitioner which shows the mala rides of the suit.

5. The last contention of the learned counsel for the petitioner is that if the suit is not transferred the petitioner would suffer an irreparable loss to her cause without any fault on her part. The learned counsel in the context of the above submissions has also relied on "Begum Ehsanullah Khan Tiwana and another v. Malik Habibullah Khan Tiwana and 3 others" reported as Law Notes 1968 Lahore 6.

6. The respondent has not appeared to contest this petition and has been proceeded against ex parte by order dated 2nd of July, 1989. The contentions raised on behalf of petitioner are, therefore, going unrebutted. These appear to have force otherwise also. In view of the foregoing position, allowing this petition l would direct that the suit titled "Mst. Rajan v. Jewan" be withdrawn from the Court of Mr. Pervaiz Ali Shah, Civil Judge 3rd Class, Bhakkar and entrusted to a Court of competent jurisdiction at Jauharabad by the learned District Judge, Khushab. The Court at Bhakkar from which the suit has been withdrawn shall forthwith transmit the record of the case to the learned District Judge, Khushab so as to reach him not later than 7th of October, 1989. The parties to bear their own costs. M.R.A./R.197/L Petition allowed.