MUHAMMAD SAMI Versus SHUJAUDDIN

ORDER

1. This is a transfer application of which I had issued pre admission notice to the respondent. Mr. S. Saeed Akbar is present in response to the above notice. I have heard the learned counsel for the parties. It seems that the opponent has filed Suit No.633 of 1986 in the Court of 1 st Senior Civil Judge at Karachi West, on the allegation that the opponent was committing nuisance by using certain machinery at his premises. Injunction was sought against the opponent. The above suit was transferred to the Court of IInd Senior Civil Judge at Karachi West, in which the opponent filed counter‑claim/ written statement averring therein that factually the opponent was committing nuisance and not the applicant. It appears that to the counter‑claim. the opponent had raised an objection as to the maintainability After that the applicant filed Suit No.1438 of 1988 in the Court of 1 st Senior Civil Judge, Karachi West, against the opponent on the basis of the allegation contained in the applicant s above counter claim/written statement. This is an application filed by the applicant for the transfer of the above two suits to one Court. Mr. S. Saeed Akbar, learned counsel for the respondent, has pointed out that there is an order of the High Court for the disposal of the Suit No.633 of 1986 within a period of 3 months, whereas the applicant has filed the above suit recently and, therefore, the disposal of the above Suit No.633 of 1986 will be delayed. He has further submitted that there are separate causes of action in respect of the two suits and hence there is no A need of their being tried together. It seems that the defence of the applicant in the suit filed by the opponent is that factually the latter is causing the nuisance,) whereas the defence of the opponent in the suit filed by the applicant is that factually the latter is causing nuisance. In my view, it will be convenient to the parties and to the witnesses if both the two suits are tried together. I would, therefore, order that Suit No‑633 of 1986 may be transferred to the Court of 1 st Senior Civil Judge, Karachi West, who will dispose of the same along with Suit No.1438 of 1988 within a period of 3 months as was already ordered by the High Court in relation to Suit No.633 of 1986. Both the parties shall appear before the 1 st Senior Civil Judge, Karachi West, in the above two suits on 15‑11‑1988 without any notice from the Court.

2. M.B.A./M‑632/K Order accordingly.