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Citation: 1972 PLD 845
Court: Lahore High Court
Year: 1971
Decision Date: 1971-12-31
Parties: MESSRS EVER SHINE CANDLE INDUSTRIES, LAHORE AND 36 Other vs JUDGMENT
Case cited as PLD 1972 Lahore 845
Court Name: Lahore High Court Judge(s): A. R. Sheikh Title:MESSRS EVER SHINE CANDLE INDUSTRIES, LAHORE AND 36 Other vs JUDGMENT Reported As: PLD 1972 Lahore 845 Result: Petition dismissed Judgment JUDGMENT This petition under section 24 of the Code of Civil Procedure has been moved by Messrs Ever Shine Candle Industries of Lahore and 36 others for transfer of the suit for recovery of Rs. 1,50,000.00 as damages for defamation filed against them by the respondent in the civil Court at Rawalpindi. The grounds taken are that the petitioners-defendants reside in Lahore and the alleged cause of action has also arisen at Lahore, where the alleged defamation was for the first time published and that in order to cause inconvenience and lot of expenditure to the petitioners the civil suit hag been filed mala fide at Rawalpindi. It is further averred that the notice for the defamation was served on the petitioners by a Lahore lawyer and the suit has also been filed at Rawalpindi by a Lahore lawyer, indicating that parties' convenience would be promoted by the transfer. 2. Learned counsel for the petitioners, as already stated above, maintains the petition mainly on the ground of convenience of the petitioners and expense likely to be incurred by them in defending the suit at Rawalpindi. He has relied on Thakur Narindra Bikram Jit Singh and another v. Thakurain Sheo Raton Kaur (AIR 1923 Oudh 30), wherein it was held that if the defendants can show a clear balance of advantage in the…
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