Normally a suit is tried at the place where the immovable 1property in dispute is situate. Learned counsel for the female petitioner has, however, stated at the bar that the other side had even held out an open threat to him, telling him that he would face the consequences of his diligent pursuit of the cause of the defendant-petitioner, adding that the Presiding' Officer of the Court did not adopt any measures to protect him, although the offensive on the part of the plaintiffs was made known to him.
2. It has also been asserted by the learned counsel that he had taken exception to the learned opposing counsel, Sh. Abdul Majid, taking tea with [p the learned Judge in his Chamber, and the latter had told him that he had friendly relations with the Advocate, and had, therefore, offered him a cup of tea, which was not an objectionable act.
3. Learned counsel for respondent No.6 has no objection to the transfer of the case. Like respondent No.6, the petitioner is also `Pardanasheen' respectable lady. The petitioner is permanently putting up at Lahore and is not seeking transfer of the case to a Court at Lahore. She only wants that the case be tried by a Civil Court at Multan, so that her counsel does not feel any difficulty in travelling between Lahore and Multan and she does not have to in cure unbearable expenditures.
4. Learned counsel cites in support of his plea, Mrs. Farkhanda Akhtar v. Mian Naeem-ur-Rehman 1990 MLD 2114 (Lahore), Malkani Sahibzadi Tiwana v. Shahbaz Khan etc 1985 CLC 2717 (Lahore), Mian Muhammad Nawab v. Rifat Sherif PLD 1990 Lah. 19, Habib Sugar Mills v. Pattoki Sugar Mills 1986 MLD 658, Hasina Mumtaz v. Mushtaq Ahmad 1989 MLD 488 Mst. Rajan v. Jewan 1990 CLC 896 Jeeta Masih v. Province of the Punjab 1991 CLC 843.
The learned counsel for respondents Nos.l to 5 plaintiffs in the suit, actually does not seem to be very serious in opposing the move made for transfer of the case. In the interests of justice, I would withdraw the case, titled Allah Rakha etc. v. Mst. Nayyar Bano etc. from the Court of Mr. Safdar C Saleem Shahid, Civil Judge, Mailsi, with a direction that it shall be entrusted by the learned District Judge, Multan to a Civil Court at Multan, presided over by an officer of sufficient seniority with a reputation of integrity and independence. The parties shall appear before, the learned District Judge on 15-1-1994, by which date the learned Civil Judge, Mailsi will remit the records of the said case.
6. A copy of this order shall be conveyed to both the Courts aforementioned, for information and compliance.