1984 PLP 1135 (MLD)

Ch. Muhammad Yaqoob Sabir for Petitioners. Nemo for Respondent. Date of hearing: 11th October, 1983. This order shall dispose of two Transfer Applications viz. , T . A . No.168-C of 1983 and T . A . No. 169-C of 1983 as both the applications are based on the same grounds and are directed against the same respondent.

2. In case of Transfer Application No. 168-C of 1983, Abdul Razzak petitioner who is resident of Chak No. 322/G.B., Tehsil and District Toba Tek Singh, filed a suit for recovery of Rs.10,000 against his son-in-law, namely Abdul Ghafoor respondent in the Court of Mr. Abdul Majid, Civil Judge, Toba Tek Singh.

3. Subsequently the respondent also filed a suit for recovery of Rs.24,500 against the petitioner before the Civil Judge, Depalpur. The petitioner has sought the transfer of the suit filed by Abdul Ghafoor respondent against him at Depalpur mainly on the ground that the petitioner as also the respondent are residents of Toba Tek Singh District and only in order to cause harassment and hardship the respondent has filed a false suit against the petitioner at Depalpur as a counter blast to his suit which he earlier filed at Toba Tek Singh.

4. In case of Transfer Application No.169-C of 1983 Mst. Qaiser Tahira petitioner who happens to be the daughter of Abdul Razzaq petitioner in Transfer Application No.168-C of 1983 and wife of Abdul Ghafoor respondent filed a suit for dissolution of marriage against the respondent in the Court of Judge Family Court, Toba Tek Singh. Subsequently the respondent filed a suit for restitution of conjugal rights against Mst. Qaiser Tahira in the Court of Judge Family Court Depalpur. The transfer of the suit of restitution of conjugal rights pending at Depalpur is also sought on the ground that both the parties belong to Toba Tek Singh District and only with mala fide intention the respondent has filed the suit for restitution of conjugal rights at Depalpur to harass the petitioner.

5. In both the Transfer Applications the respondent in spite of having been served in accordance with law has failed to put in appearance, and therefore, he has been proceeded against ex parte. The petitioners have annexed with their respective petitions Photostat copies of Nikah Name of Abdul Ghafoor respondent with Mst. Qaiser Tahira, identity card of Abdul Ghafoor respondent and of admission register of Government High School, Pir Mahal, District Toba Tek Singh pertaining to admission of Abdul Ghafoor respondent. It transpires from the contents of these documents that ordinary place of residence of Abdul Ghafoor respondent is Pir Mahal, District Toba Tek Singh. The respondent thus being an ordinary resident of Toba Tek Singh District should have filed the suits, against the petitioners in both the under consideration Transfer Applications at Toba Tek Singh as the petitioners were also residents of the same District. It appears that he has filed the aforementioned suits against the petitioners at Depalpur with mala fide intention to put the petitioners to inconvenience.

6. Both the Transfer Applications in the above circumstances are allowed and the Civil Suit titled as Abdul Ghafoor v. Abdul Razzak pending in the Civil Court at Depalpur as also the suit for restitution of conjugal rights titled Abdul Ghafoor v. Qaiser Tahira, pending before the Judge, Family Court, Depalpur are hereby transferred to the Court of Civil Judge, Toba Tek Singh and the Judge, Family Court, Toba Tek Singh respectively. H.B.T. Petition allowed.