AHMAD NAWAZ Versus RASHIDA BEGUM

This is an application for transfer of suit to a Court out of Multan District filed by the respondent and pending in the Court of Rao Muhammad Saleem Akhtar, Civil Judge, Multan. The application was admitted to hearing and the notice was issued to the respondent, who has appeared through Maulvi Muhammad Sultan Alam, Advocate and contested the application.

2. The learned counsel for the petitioners argued that the respondent etc. have earlier filed a suit, which was decreed ex parte and the petitioners have now moved an application under section 12(2), C.P.C. which is pending in the Court of Senior Civil Judge, Multan. It is added that the Senior Civil Judge is living in the house of the respondent, therefore, they have moved for transfer of that application, which request has been granted today. It is added that it is now in the interest of justice that both the matters may be entrusted to one and the same Court. It is argued that since the Senior Civil Judge, Multan and Mr. Zulfiqar Nasir, Civil Judge have relations with the respondent, therefore, the suit be transferred out of District.

3. On the other hand, the learned counsel for the respondent has denied the allegations and argued that House No.55, Usmanabad is owned by the respondent and was let out by her to Mr. Zulfiqar Nasir, Civil Judge, Multan, who subsequently got the official residence but instead of handing over the possession of the house to the respondent he obliged a Senior Civil Judge by inducting him in possession of the said house. It is added that the respondent learnt about the occupation of her house by Senior Civil Judge only after she received notice of this transfer application as he was to be in possession of the house without her consent, notice or knowledge while she was abroad. It is concluded that the respondent has no objection to the transfer of the suit to a Court at Multan. Moreover, it is conceded that it is in the interest of justice that both the matters may be heard and decided by one and the same Court

4. I have given my anxious consideration to the arguments of the learned counsel for the parties. The allegations are that the trial Court is under obligation of the respondent is clearly proved. The same is sufficient to create genuine apprehension in the mind of any litigant.

5. The learned counsel for the petitioner insisted that it should be transferred out of the District in view of personal involvement of the Senior Civil Judge but I am confident that the transferee Court would uphold the image of Civil Courts and in any case if the petitioners still feel that they will not get justice then they would be within their right to move for transfer out of District.

6. The upshot of the above discussion is that the suit titled ' Mst. Rashida Begum v. Mahr Ahmad Nawaz etc', is. withdrawn from the Court of Rao Muhammad Salim, Akhtar, Civil Judge, Multan and is made over to the Court of Mr. Ashraf Gil, Civil Judge 1st Class, Multan with the direction that the application may be decided expeditiously and in accordance with law.

There is not order as to costs.

A.A./M‑26/L ?????????????????????????????????????????????????????????????????????????? ??????????? Case transferred.