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1985 CLC 2000

Smt. BEENA KUMARI and 3 others vs MAHRAJ SALIGRAM

Citation1985 CLC 2000
CourtSindh High Court
Case No.Civil Transfer Application No. 23 of 1984
Date1985-02-26
Judge(s)Abdul Hayee Qureshi
ResultApplication accepted

1. ' By the present application the applicants seek an order for transfer of F.C. Suit No. 88 of 1984 pending in the Court of 1st Senior Civil Judge, Larkana to a Court of competent jurisdiction at Thatta.

2. ' The applicant No. 1 was married to the opponent. It seems the relations between the parties were estranged so that applicant No. 1 came to stay with her father (applicant No. 2) at Thatta. The applicant No. 1 then filed a suit for maintenance in the Court of Civil Judge, Thatta and such suit was registered as family Suit No. 17 of 1984. This suit was filed on 19-5-1984. It seems that opponent thereafter filed a suit, against the four applicants before me, for recovery of golden ornaments valued at Rs. 20,000 in the Court of 1st Senior Civil Judge, Larkana on 15-8-1984. This would show that the suit filed in the Court of Senior Civil Judge, Larkana was subsequent to the filing of the suit by the applicant No. 1 in the Court of Civil Judge, Thatta.

3. ' The opponent has not appeared.

4. 'Since the parties in both the suits are same viz. applicant No. 1 and the opponent, and in the context the evidence in the two suits may also be common, it is desirable that both the suits may be tried in one and the same Court. On the other hand, in the suit filed by the opponent, four defendants have been arrayed. One out of these four defendants is applicant No. 1, who is female. It is not desirable that a woman should have to go from Thatta to Larkana to attend the suit, as it is very inconvenient. On the other hand, the opponent can easily attend the Court at Thatta.

5. ' In the above circumstances, this application succeeds and I direct that F.C. Suit No. 88 of 1984, now pending in the Court of 1st Senior Civil Judge (Mahraj Saligram v. Beene Kumari and 3 others) shall be transferred to the Court of the District Judge, Thatta who may either try this suit himself or make it over to a Court of competent jurisdiction.

6. ' There shall be no orders as to costs.

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