MUHAMMAD HUSSAIN vs FATEH MUHAMMAD
This petition for leave to appeal is directed against the order of the Lahore High Court dated 28th June 1989, which allowed a transfer application filed by the respondent under section 24 of the Code of Civil Procedure 1908. The petitioner had instituted a suit for specific performance of a contract before the Senior Civil Judge at Leiah. The respondent sought transfer of the suit to Sahiwal on grounds of advanced age, ill-health, apprehension of danger to life, and lack of proper representation by counsel at Leiah. The High Court transferred the suit to Sahiwal as an equidistant venue for both parties. The core legal question was whether the High Court properly exercised its discretion in transferring the suit. The Supreme Court held that the High Court exercised its discretion for cogent reasons and dismissed the petition, establishing that appellate interference in the discretionary transfer of a civil suit is unwarranted when supported by sufficient justification.
- Whether a civil suit can be transferred under section 24 of the Code of Civil Procedure 1908 on the ground of the defendant's ill-health and advanced age?
- Can the Supreme Court interfere with the discretionary order of the High Court regarding the transfer of a suit without sufficient grounds?
- Is the equidistant location from the abodes of both parties a valid consideration for transferring a suit?
- Section 24, Code of Civil Procedure 1908
ORDER
1. JAVID IQBAL, J.---This petition for leave to appeal is directed against order of the Lahore High Court, Lahore, dated 28th June, 1989 whereby transfer application filed by the present respondent was allowed.
2. Briefly the facts are that the petitioner had filed a suit for specific performance of a contract against the respondent in the Court of Senior Civil Judge, Leiah. Thereupon, the respondent moved an application under section 24, C.P.C. Praying that the said suit be transferred from Leiah to a Court of competent jurisdiction at Sahiwal. The grounds taken up were that the respondent was an old man of 80 years with ill-health, that his counsel at Leiah had acted against his interest under the influence of the opposite party and also that he apprehended danger to his life if he were to go to defend this case at Leiah. The High Court accepted the petition of the respondent and transferred the said suit from the Court of the Senior Civil Judge, Leiah to the Court of Senior Civil Judge at Sahiwal for the reason that it would be just and proper to transfer the suit to a place which should be equidistant from the abodes of both the parties.
3. Learned counsel attempted to argue that the suit should have not been transferred for the convenience of one party. But we do not agree with the learned counsel. In the present circumstances the suit has been transferred by the learned Judge for cogent reasons advanced by a party. In any case no ground has been made out for interference in the exercise of the discretion of the learned Judge. The petition is, therefore, dismissed.
Cited by 1 case
- Mst. AMMARA TASNIM BHUTTA vs Mst. KHALIDA MUNIR and another 2015 PLJ Lahore 674