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K.L.R. 1993 Civil Cases 158

(MST.) FATIMA BIBI vs MUHAMMAD SADIQ, ETC.

CitationK.L.R. 1993 Civil Cases 158
CourtLahore High Court
Case No.Transfer Application No.275-C and C.M.1-C of 1992,
Date1992-05-13
Judge(s)Muhammad Ilyas
ResultN/A

ORDER

MUHAMMAD ILYAS, J.-- This is a petition for transfer of two suits filed by the petitioner, Mst. Fatima Bibi, at Chiniot, District Jhang, in respect of land situated in Tehsil Chiniot. She wants the suits to be transferred to Lahore. Her learned counsel submits that the petitioner is presently residing in Karachi and apprehends danger to her life in the event of her going to Chiniot to prosecute the suits.

2. There is no document showing that any attack was made on the petitioner when she had gone to Chiniot in connection with the said suits: Learned counsel informs me that the petitioner is a married lady. Her husband can, therefore, prosecute the suits on her behalf. It is not uncommon in our country that suits brought by the ladies are prosecuted by their relatives. Petitioner can also engage a counsel at Chiniot to look after the cases. At the stage of evidence if she does not want to go to Chiniot, she can get her statement recorded, in Lahore or elsewhere, on commission.

Earlier, she made such a petition for transfer of the said suits but the same was dismissed for want of prosecution. This shows that she is not keen for the transfer of her cases. Keeping all these circumstances in view, I am not inclined to transfer the cases in question and dismiss this petition in limine.

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