1986 PLP 888 (MLD)

The present application has been made by E.M. Oil Mills and Industries Ltd. for transfer of Suit No.7/1981, pending before the 2nd Class Judge at Tando Adam, to a competent Court at Karachi, or, to the Civil Judge at Karachi who is bearing Suit No.2880/81. The brief facts are that the applicant is a manufacturer of cooking oil, and the respondent is a businessman at Tando Adam. It seems that the parties were the seller and buyer in respect of the commodity of cooking oil. On account of some transactions, the respondent filed a suit against the applicant in the Court of Civil Judge, 2nd Class at Tando Adam. The allegation in the suit was the applicant /defendant had charged excess amount, and such excess amount was not being refunded. lie claimed a decree for Rs.1,366.98 against the, applicant /defendant. On the other hand, the applicant also filed a suit against the present respondent, wherein it was stated that the respondent had obtained goods from the applicant on short credit. It seems photo copies of vouchers, receipts, bills, etc. evidencing the transaction were also available with the applicant. The prayer in the suit was for a decree for Rs.55,479.24 in respect of the goods supplied, but At paid fort The applicant now prays that the suit, pending at Tando Adam, may be transferred to a Court at Karachi, preferably the Court, where suit filed by the applicant against the respondent, is pending. The rounds in support of the prayer are that the cause of action had risen at Karachi, as the transactions, .which form the subject‑matter 0' the suit, pending at Tando Adam, had taken place at Karachi. Mr. Abdul Sattar Memon has made a statement before me that the applicants have no office, or, agent at Tando Adam. This circumstance, by itself, would show that the moneys, which the respondent claims as from the applicant, and which form the basis of the suit at Tando Adam, were paid at Karachi. What is more that the accounting between the parties has also to be done at Karachi. It would also be unreasonable to drag the applicant to Tando Adam in a suit involving a paltry amount, which is less than Rs.2,000.00. Mr. Siddiq Mirza states that the witnesses the applicant will also have to come from Karachi In these circumstances, ‑I am of the view that the suit filed by Respondent against the applicant at Tando Adam should be transferred Karachi Suit No. 7/1981 viz. Messrs Mehran Traders v. Messrs E.M. Oil Mills Ltd., pending in the Court of the Civil Judge 2nd Class, Tando Adam, is transferred for trial by the IVth Senior Civil Judge who is Clearing Suit No.2880/1981. Parties to bear their own costs. M. Y. H. Suit transferred.