' This judgment shall dispose of the petition in hand, namely, Transfer Application No, 564-C of 1989 as well as Transfer Application No, 434-C of 1989.
2. These transfer applications relate to the transfer of thirteen cases from Jhang to Lahore. Four of the said suits are mentioned in Transfer Application No, 564-C of 1989 and the remaining nine in Transfer Application No, 434-C of 1989. It appears that out of the said suits, eleven were brought by petitioner, Muhammad Asif Khan and the other two by Rahim Bakhsh and Muhammad Nawaz, who are respondents Nos. 1 and 5 respectively. Respondent No, 5 has died and is represented by his legal representative, Mst. Parveen Akhtar and others. The petitioner has made the said petitions (Transfer Applications), through Mst. Tehmeena Asif, who has been appointed by him as his general attorney. Perhaps, the two suits in which he is the plaintiff have also been filed by him through her.
3. It has been stated in the said petitions that the petitioner is permanently residing in Lahore, and being an old man, cannot personally go to Jhang to pursue the cases. According to him, he has no male issue and, therefore, he has appointed his only daughter, Mst. Tehmeena Asif, as his general attorney. The petitioner's apprehension is that life and honour of his general attorney would be in danger if she is required to go to Jhang for the purpose of prosecuting/defending the cases. He has, therefore, prayed for transfer of all the cases to Lahore. There is affidavit of general attorney of the petitioner in support of the above averments.
4. The petition has been opposed by respondents Nos. 1 to 3 and 6 to 9, hereinafter referred to as the contesting respondents, inter alia on the ground that the suits relate to the land which is located in District Jhang and, therefore, they deserve to be heard by the Courts at Jhang. They have refuted the allegation that any harm would be caused to the petitioner's general attorney in the event of her going to Jhang in connection with the said suits. The respondents have also filed affidavits in support of their contentions.
5. I am afraid it will not be just and proper to transfer the cases from Jhang to Lahore for the following reasons:--
(i) Suits relate to land which is situated in District Jhang.
(ii) Respondents outnumber the petitioner inasmuch as the petitioner is all by himself while the respondents are as many as nine in number.
(iii) Affidavit filed by the petitioner's general attorney expressing apprehension that she will be troubled on her going to Jhang stands refuted by the affidavits of the respondents. No affidavit has been filed by the petitioner himself.
(iv) If the petitioner has no son, he can appoint some male relation as his general attorney. It is not his case that he has no male relation to assist him in connection with the above litigation.
(v) There is no certificate showing how old is the petitioner. He or his attorney has also not mentioned his age anywhere.
If the cases are transferred due to the reason that the petitioner has chosen to appoint a lady as his general attorney, it may prompt others to follow suit for seeking transfer of cases from the Courts of competent jurisdiction, and I, for one, would not like to lay down such a precedent.
6. For the afore-mentioned reasons, I am not inclined to transfer the said suits from Jhang and dismiss both the Transfer Applications, with no order as to costs.