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Petitioner: SALEEMA BIBI VS Respondent: MUHAMMAD ASLAMHonorable Justice Ihsan-ul-Haq ChaudhryCh. Muhammad Ashraf Azim,Zafar Iqbal Chaudhary
1997 M L D 2626
1997 M L D 2626
[Lahore]
Before Ihsan‑ul‑Haq Chaudhry, J
Mst. SALEEMA BIBI‑‑‑Petitioner
versus
MUHAMMAD ASLAM and another‑‑‑Respondents
Transfer Application No. 251 /C of 1996, heard on 10th June, 1996.
Civil Procedure Code (V of 1908)‑‑‑
‑‑‑‑S.24‑.‑‑Transfer of suit‑‑‑Petitioner seeking transfer of suit filed against her in Court at place ' K' had alleged that suit was pending for the last 3 years and respondent/plaintiff was not allowing same to be finalised with the purpose to exhaust petitioner/defendant financially and physically‑‑‑Petitioner had further contended that whenever she went at place ' K' to prosecute case she was manhandled simply to force her to give up prosecution of case‑‑‑Petition filed by petitioner for transfer of suit was supported by affidavit of petitioner which remained unrebutted‑‑‑Petitioner had prima facie case as nothing was on record to rebut allegations made by her in her petition‑‑‑Suit against petitioner pending in Court at place ' K' was transferred in Court at place ' M' .
Ch. Muhammad Ashraf Azim for Petitioner. Zafar Iqbal Chaudhary for Respondents.
Date of hearing: 10th June, 1996.
JUDGMENT
This is an application for transfer of the suit pending in the Court of Mr. Javed Iqbal, Civil Judge, Khanpur. The petition was admitted to hearing and notice was issued to the respondent, who has appeared and contested the petition.
2. The learned counsel for the petitioner argued that the suit is pending for the last 3 years and the respondent is not allowing the same to be finalised with the purpose to exhaust the petitioner financially and physically. It is added 'that whenever the petitioner went to Khanpur to prosecute the case she was manhandled and the purpose is that the petitioner should give up the prosecution of the case.
3. On the other hand, the learned counsel for the respondent argued that the case is pending for the last 3 years and the petitioner has not reported a single instance of high handedness of the respondent to the police. It is added that the application is without any merit.
4. I have given my anxious consideration to the arguments of the learned counsel for the parties and gone through the record. The application is supported by affidavit of the petitioner, which remained unrebutted. It is clear from the record that the petitioner has a prima facie case as she has won on the revenue side. There is nothing on record, prima facie, to rebut the allegations of the petitioner as made in the petition and repeated today in the arguments.
5. In this view of the matter, this application is accepted and the suit titled Muhammad Aslam v. Mst. Saleema Bibi" pending in the Court of Mr. Javed Iqbal, Civil Judge, Khanpur is withdrawn from that Court and is made over to the Court of Mr. Zafar Hussain Bhatti, Civil Judge 1st Class, Multan. The transferee Court is directed to decide the suit expeditiously and in any case by 30‑9‑1996 even if it has to hold day to day proceedings while the parties are directed to appear before transferee Court on 3‑6‑1996.
There is no order as to costs.
H.B.T./S‑33/L Application accepted.