2010 PLP 1438 (CLC)
MUHAMMAD RAMZAN — Petitioner Versus RABIA BIBI and 2 others — Respondents
| Citation | 2010 PLP 1438 (CLC) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD RAMZAN — Petitioner Versus RABIA BIBI and 2 others — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2010 PLP 1438 (CLC)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 1438 (CLC)?
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: 2010 PLP 1438 (CLC) (MUHAMMAD RAMZAN — Petitioner Versus RABIA BIBI and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Javaid-ur-Rehman Rana for Petitioner.
- Zafar Abbas Khan for Respondents No.1 and 2.
- 4. As against the same, learned counsel for respondent Nos. and 2 has contended that respondent No.1 is not the close door neighbour of the petitioner and she rather, resides at a distant place than the same; that she being lady has to face inconvenience and hardship in going to Kallurkot from her present place of residence; and that the learned District Judge has rightly passed his order considering the convenience of respondent No.1 and such consideration has basis in law.
Headnotes / Summary
S. 24-Transfer of suit-Respondent filed petition for execution which was pending before the civil court at District Headquarters while suit for damages brought by the petitioner was pending in the civil court at Tehsil Headquarters of the same district-Both petitioner and the respondent made separate applications for consolidation of the matters-District Judge accepted the petition of respondent while dismissed the application of petitioner consequently, the District Judge transferred the suit of petitioner to court at the District Headquarters where the suit of the respondent was pending--Validity--Respondent was a lady/female-Woman, undoubtedly, would face more difficulties and inconvenience in comparison to a man in pursuing her case at a place other than that of her own residence-District Judge, keeping in view her predicament, had rightly transferred her case to the place of her residence- Petition was, therefore, dismissed.
Judgment & Decree
CH. IFTIKHAR HUSSAIN, J.
Respondents Nos.1 and 2 have brought petition for execution of decree dated 9-6-2009. The same is pending in the Court of learned Senior Civil Judge, Bhakkar. The petitioner has brought suit for damages Rs.90,00,000 against these respondents. The same statedly is pending in the Court of Mr. Muhammad Nawaz Arif, learned Civil Judge, Kallurkot. The petitioner and these respondents have made separate applications for consolidation of these matters. The learned District Judge vide his order dated 9-2-2010, accepted the petition of these respondents, whereas dismissed that of the petitioner. Consequently, he transferred the suit of the petitioner for damages to the court of learned Senior Civil Judge, Bhakkar, where the execution petition brought by these respondents is pending.
2. The petitioner feeling himself aggrieved of the same has come to this court with the instant petition.
3. Learned counsel for the petitioner has submitted that respondent No.1 is a lady health worker and she and the petitioner are close door neighbours and she so, has not to face any inconvenience in going to Kallurkot, if their execution petition is transferred to the Court in which the petitioner's suit for damages is pending.
4. As against the same, learned counsel for respondent Nos. and 2 has contended that respondent No.1 is not the close door neighbour of the petitioner and she rather, resides at a distant place than the same; that she being lady has to face inconvenience and hardship in going to Kallurkot from her present place of residence; and that the learned District Judge has rightly passed his order considering the convenience of respondent No.1 and such consideration has basis in law.
5. I have carefully considered the submissions made on behalf of the parties and gone through the copies of the record annexed to the petition.
6. I have gone through the certified copy of the execution petition brought by respondent No.1 and
2. The same is annexed to the instant petition. Their address in the same is of Chak No.205 TDA, Tehsil and District Bhakkar. The stance of their learned counsel is also that they reside in the said Chak as the parents of respondent No.1 are residing there.
7. Respondent No.1 is a lady. There is no denial to the fact that a woman as compared to a man shall have to face more difficulties and inconvenience in pursuing her matter at a place other than that of her residence. The learned District Judge, Bhakkar has rightly kept in view, the question of her inconvenience and propriety, in the perspective of law on the subject. He, therefore, has rightly proceeded to pass the order dated 9-2-2010. I do not find any reason to disturb the arrangement made of the matters of the parties through the same.
8. The petition, therefore, has no force and the same is dismissed as such. C. M. No.1 of 2010
9. As the main petition has been dismissed by this Court today, therefore, this miscellaneous petition has lost it's relevance. Hence, the same is also dismissed as having gone infructuous. A.R.K./M-397/L????????????????????????????????????????????????????????????????????????????????? Petition dismissed.