Learned counsel for the petitioner makes a request for adjournment and further prays that the instant petition be transmitted to the Principal Seat as his client wants that the application under Section 12(2), CPC be heard by some Court or competent jurisdiction at Lahore.
2. On 06.11.2012 and 07.11.2012 learned counsel for the petitioner had prayed for adjournments, which were granted by the Court so no ground for further adjournment is available. The request for transfer of the petition to Lahore cannot be acceded to unless the prayer of the petitioner for transfer of the application under Section 12(2), CPC finds favour with the Court.
3. The petitioner has contended that the husbands of Respondents Nos, 2 and 3 are practicing Advocates of Multan and that the husband of Respondent No, 2 had also held various offices in the Bar Association and the Pakistan Bar Council so the learned trial Court is pressurized by them with the help of group of Advocates on every date of hearing and for this reason the learned trial Court also leans towards the respondents and its attitude with the petitioner is very harsh. It is contended that even uncalled for remarks were passed against the learned counsel for the petitioner by his colleagues and it is difficult for him to represent the petitioner.
4. On the other hand Mirza Aziz Akbar Baig, Advocate learned counsel for Respondents Nos, 2 and 3 has contended that the application has been moved with the sole object to hamper the disposal of the application as the alleged mutations in favour of the petitioner and others were found to be fake and result of forgery by the revenue authorities; that the Court room of the learned trial Court is too small and that the group of the Advocates cannot assemble there And that a false allegation has been leveled just to create a ground for transfer of the application.
5. The petitioner has prayed in the application that the application under Section 12(2), CPC may be transferred to some Court of competent jurisdiction out of District Multan and today his learned counsel has requested that the petition be transferred to the Court of competent jurisdiction at Lahore. The Respondents Nos,2 and 3 are females and it would be rather difficult for them to pursue the matter in some other District. The mere fact that their husbands are practicing Advocates at Multan does not constitute a valid ground for transfer of the its because the same is to be decided by the learned trial Court on merits alone irrespective of the status or profession of the parties or their spouses. The disputed mutations have been held to be fake by the revenue authorities and the contention of the respondents that the application has been filed in order to hamper the disposal of the application does not appear to be without force. The other petitioner of the application under Section 12(2), CPC has not joined hands with the petitioner. The stereotype allegation that the learned trial Court leans towards the opposite-party or its attitude is harsh with the petitioner cannot be accepted as such excuses are concocted to create a ground for submission of the transfer application. No specific instance has been quoted in the instant petition.
The perusal of the record reveals that the petitioner has also professional assistance and legal advice of Ch. Shahzad Saleem, Advocate, Multan, so the contention that no counsel is ready to provide him legal assistance is without force. The self-feared or ill founded apprehensions cannot be made basis for transfer of the civil suits under Section 24, CPC from one District to the other.
6. For the reasons supra, the application is without merits and the same is hereby dismissed.