Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: Mst. KHALIDA RIFFAT VS Respondent: MAQSOOD ABBAS and others
Court Name: Lahore High Court Judge(s): Sh. Hakim Ali Title: Mst. KHALIDA RIFFAT vs MAQSOOD ABBAS and others Case No.: T.A. No,38/C of 2005/BWP, Date of Judgment:2007-01-09 Reported As: 2007 CLC 1413 Result: Suit transferred
Judgment ORDER ' SH. HAKIM ALI, J.--- Through this transfer application, Mst. Khalida Riffat, the applicant/petitioner has prayed for issuance of an order directing the transfer of Civil Suit No,319, with the title of Maqsood Abbas v. Tariq Shahzad and others instituted on 29-10-2004 by Maqsood Abbas, respondent No,1 for recovery of damages, pending in the Court of learned Civil Judge, Chishtian, District Bahawalnagar to any Civil Court at Bahawalpur. 2. According to the learned counsel for the applicant, the applicant is a lady and she is permanently resident of Bahawalpur whereas the suit has been filed at Chishtian, wherefor the petitioner to defend the suit, inconvenience would be caused to her. The petitioner being a diabetic 'patient and also a blind lady, so travelling to Chishtian would be difficult for her. Learned counsel for the petitioner has, therefore, prayed for transfer of that suit to any competent Court at Bahawalpur. 3. Learned counsel appearing on behalf of respondent No,1 has opposed the petition by stating that to be a lady, the petitioner cannot be granted any concession. She can defend the suit at Chishtian and illness cannot be considered as a ground for the transfer of the suit. 4. After considering the arguments of both the learned counsel and from the perusal of the record, I have noted that it has not been denied that the petitioner is a diabetic patient and a blind lady. So keeping in view this sole fact and the petitioner being lady, the suit is transferred from the Court of learned Civil Judge, Chishtian, District Bahawalpur to the Court of learned Senior Civil Judge, Bahawalpur. So, the instant petition is disposed of. Suit transferred.