' This application under section 24 of the C.P.C. Has been moved by Mst. Razia Bibi, ex-wife of the respondent Abdul Ghaffar, to have her suit, for recovery of dowry articles of the value of Rs,51,450 now pending in the Court of Mian Muhammad Younas, Civil Judge, Narowal transferred to some Court of competent jurisdiction at Sheikhupura whereto she has since shifted her permanent residence alongwith her paternal family with whom she had taken up her abode after destitution by the respondent wherefore it has become difficult for her to visit Narowal for the purpose of pursuing her suit.
2. Respondent is represented by Mr. Muhammad Rafiq Khan Chauhan, Advocate, who has opposed her plea with the submission firstly that there is no positive proof adduced by her about the shifting of her residence to Sheikhupura whereto her parents and brothers may, no doubt, have shifted and, secondly, that there is no right conferred by law on a litigant to, after having himself once chosen the forum for his suit, claim it to be changed again on account merely of his convenience. It is difficult to countenance this contention, the first limb whereof gets demolished by her present address given in this application as:-- "Faisal Town, near Shan Hotel village Mananwala, Tehsil and District Sheikhupura."
' This admits of no doubt that after separation she is expected to normally be living under the roof of her father and the respondent has not shown otherwise. Rest of the respondent's argument, relating to change of forum for trial of her suit, is only misconceived inasmuch as it overlooks the fact that in this suit relating to recovery of movables or the price thereof the plaintiff occupies the position of a creditor and would in law, be deemed to carry the cause of action with her to any place where she may be permanently residing, because it is the right of a creditor to require the debtor to pay the dues at that place.
' Moreover, this civil litigation is a bye-product of family-dispute of the parties and deserves to be viewed not any differently from family-cases wherein convenience of lady-litigant is regarded a determining factor for place of trial. In this situation, the Civil Court at Sheikhupura happens to be the proper place where the suit of the applicant should be tried and determined. This should conform to the convenience even of the defendant who lives in a village in Tehsil Wazirabad, District Gujranwala and the adjoining District of Sheikhupura has to be place more easily accessible for him than Narowal.
3. With the above consideration in view, the abovementioned suit of the applicant is withdrawn from the Civil Court at Narowal presided over by Mian Muhammad Younas and is entrusted to learned Senior Civil Judge, Sheikhupura to be tried by him for being determined in accordance with law.
4. Learned Civil Judge at Narowal will forthwith remit the file of the relevant suit to learned transferee Judge at Sheikhupura for enabling him to proceed with its trial after summoning the parties.
5. As such, this application succeeds and it is allowed without any order as to costs.