1992 PLP 1666 (CLC)
Mst. FATIMA BiBi‑‑‑Applicant Versus MUHAMMAD SADIQ and others‑‑‑Respondents
| Citation | 1992 PLP 1666 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Muhammad flyers, J |
| Parties | Mst. FATIMA BiBi‑‑‑Applicant Versus MUHAMMAD SADIQ and others‑‑‑Respondents |
| Primary Law | Civil Procedure Code (V of 19118)‑‑‑ |
Q1: What are the key laws and sections cited in 1992 PLP 1666 (CLC)?
This judgment primarily cites: Civil Procedure Code (V of 19118)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP 1666 (CLC)?
The case was heard and decided by the Lahore bench comprising: Muhammad flyers, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP 1666 (CLC) (Mst. FATIMA BiBi‑‑‑Applicant Versus MUHAMMAD SADIQ and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑‑‑S. 24‑‑‑Transfer of suits‑‑‑Two suits were filed by plaintiff in respect of land situated in "Ct" at Court in "CV‑‑‑Plaintiff, while residing at `K' wanted such suits to be transferred to `L' for she apprehended danger to her life in event of her going to "Ct"‑‑‑No document was produced showing that any attack was made on plaintiff when she had gone to "Ct" in connection with such suits‑‑‑Plaintiff being married lady she could prosecute her suits through her husband‑ ‑‑Plaintiff could also engage counsel at `Ct' to look after her cases and also could get her statement recorded elsewhere, on commission if she intended not to go to "Ct"‑‑‑Petition for transfer of suit filed by plaintiff earlier was dismissed for want of prosecution which showed that plaintiff was not keen for transfer of her cases‑‑‑Transfer application was dismissed in circumstances. Sh. Khalil‑ur‑Rehman for Applicant.
Judgment & Decree
Transfer Application No.275‑C and C.M. 1‑C of 1992, decided on 13th May, 1992. ‑‑‑‑S. 24‑‑‑Transfer of suits‑‑‑Two suits were filed by plaintiff in respect of land situated in "Ct" at Court in "CV‑‑‑Plaintiff, while residing at `K' wanted such suits to be transferred to `L' for she apprehended danger to her life in event of her going to "Ct"‑‑‑No document was produced showing that any attack was made on plaintiff when she had gone to "Ct" in connection with such suits‑‑‑Plaintiff being married lady she could prosecute her suits through her husband‑ ‑‑Plaintiff could also engage counsel at `Ct' to look after her cases and also could get her statement recorded elsewhere, on commission if she intended not to go to "Ct"‑‑‑Petition for transfer of suit filed by plaintiff earlier was dismissed for want of prosecution which showed that plaintiff was not keen for transfer of her cases‑‑‑Transfer application was dismissed in circumstances. Sh. Khalil‑ur‑Rehman for Applicant. This is a petition for transfer of two suits fled by the petitioner, Mst. Fatima Bibi, at Chiniot, District Jhang, in respect of land situated in Tehsil Chiniot. She wants the suits to be transferred to Lahore. Her learned counsel submits that the petitioner is presently residing in Karachi and apprehends danger to her life in the event of her going to Chiniot to prosecute the suits.
2. There is no document showing that any attack was made on the petitioner when she had gone to Chiniot in connection with the said suits. Learned counsel informs me that the petitioner is a married lady. Her husband can, therefore, prosecute the suits on her behalf. It is not uncommon in our country that suits brought by the ladies are prosecuted by their relatives. Petitioner can also engage a counsel at Chiniot to look after the cases. At the stage of evidence if she does not want to go to Chiniot, she can get her statement recorded, in Lahore or elsewhere, on commission. Earlier, she made such a petition for transfer of the said suits but the same was dismissed for want of prosecution. This shows that she is not keen for the transfer of her cases. Keeping all these circumstances in view, I am not inclined to transfer the cases in question and dismiss this petition in limine. AA./F‑36/L Transfer application dismissed.