KHALID PAUL KHAWAJA, J.- A civil suit for the recovery of Rs. 24, 000/- as damages instituted by Shamim Hussain Shah respondent against Waqar Hussain and three others, petitioners herein, is pending in the court of Mr. Muhammad Salim Opal, Civil Judge, Rawalpindi. A similar suit instituted by Nuqeem Shah brother of the respondent, against the petitioners was pending in the court of the learned Civil Judge, Ferozewala, District Shekhupura. The petitioners have moved the instant application for the transfer of the earlier mentioned suit from Rawalpindi to Ferozewala so that both the cases were heard by one and the same court to ward of conflicting judgments. The transfer is also sought on the ground of convenience.
2. The respondent has opposed the application.
3. 1 have heard the parlies' learned counsel and have also gone through the material available on record.
4. Learned counsel for the petitioners has admitted that the suit pending in the court of the learned Civil Judge, Ferozewala has since been dismissed and as such the plea for the transfer of the suit from Rawalpindi to Ferozewala so that both the suits are heard together is not availably to the petitioners. Further the parties in both the suits are different. The respondents resides and works for gain at Rawalpindi and therefore, if his suit is ordered to be transferred to Ferozewala it would be highly inconvenient for him. A validly instituted suit cannot be ordered to be transferred to a place of the choice of the defendant merely on the ground that it would be convenient for him. Therefore, there is no merit in this application which is dismissed.