1994 PLP 306 (CLC)

‑‑‑‑S. 24‑‑‑Transfer of suit‑‑‑Three rival suits were filed in respect of property in dispute, two at place `S' and one at place `H'‑‑‑Possibility of conflicting judgments could not be ruled out in. case all suits were allowed to be tried separately‑‑‑Interest of justice thus demanded that all suits should be tried by one and same Court‑‑‑Suit pending at place `H' was ordered to be transferred in Court at place `S' where two suits were already pending between 'parties. Malik Noor Muhammad Awan for Applicants. Nemo for Respondent. Date of hearing: 22nd May, 1993. This is an application under section 24 of the Code of Civil Procedure for transfer of case titled Rehman ‑Ali v. Allah Yar, etc. from the Court of Muhammad Taj Mirza, Civil Judge, Hasilpur to the Court of Malik Shabbir Hussain, Civil Judge, Sargodha.

2. Malik Noor Muhammad Awan, learned counsel for the petitioner submitted that a dispute arose in respect of exchange of land measuring 76 Kanals and 14 Marlas (approximately) situated in Chak No.63,' Janubi Sargodha with 200 Kanals of land in Chak No.193, Alaf Murad, Tehsil Hasilpur, District Bahawalpur. Three different suits were instituted with respect thereto. The petitioner filed a suit for declaration at Sargodha claiming that Mutation No.356 had been fraudulently got sanctioned on 27‑9‑1987 on the ground that land in Chak No.63, Janubi Sargodha Was transferred in favour of the petitioners and land in Chak No. 193, Alaf Murad, Tehsil Hasilpur was exchanged with the aforesaid land. It is alleged that the petitioner were owners of the land in Chak No.193, Alaf Murad and the land was never exchanged. One Mst. Bibi also filed a suit for declaration that she has never transferred the property in favour of the petitioners. Her suit is also pending before Malik Shabbir Hussain, Civil Judge, Sargodha. The respondent has also instituted a suit for specific performance at Hasilpur alleging therein that there was an exchange in terms of which land in Chak No.63, Janubi Sargodha, stood transferred in favour of the petitioners. In this background, Malik Noor Muhammad Awan, learned counsel for the petitioners argues that if all the suits are allowed to be tried separately there is possibility of conflicting judgments and, therefore, in order to avoid the same, the interest of justice demands that all the suits are tried by one and the same Court. I am also inclined to agree with him. Since the two suits are pending at Sargodha, therefore, the case titled Rehmat Ali v. Allah Yar, etc. is transferred from the Court of Mr. Taj Muhammad Mirza, Civil Judge, Hasilpur, District Bahawalpur, to the Court of Malik Shabbir Hussain, Civil Judge, Sargodha. This disposes of the transfer application. H.B.T./A‑508/L Suit transferred.