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K.L.R. 1995 Civil Cases 182

NOOR BEGUM vs BANARAS KHAN

CitationK.L.R. 1995 Civil Cases 182
CourtLahore High Court
Case No.TA.No.557-C of 1991
Date1991-12-14
Judge(s)Mian Mahboob Ahmad
ResultN/A

M.MAHBOOB AHMAD, C J.- This petition under section 24 of the Code of Civil Procedure seeks transfer of the suit for recovery titled "Banaras Khan Vs. Noor Begum" from the court of Mirza Rafi- uz-Zaman, civil Judge, Talagang District Chakwal to the court of competent jurisdiction at Lahore.

2. The learned counsel for the petitioner has contended:-

(i) that he suit of the respondent against the petitioner is only filed to cause harassment tp the petitioner on account of the dispute between the petitioner's daughter and the brother of the respondent;

(ii) that the dispute between the petitioner's daughter and the brother of the respondent is pending in the court of Mr Abdul Majid Civil Judge/Judge Family Court, Lahore;

(iii) that the petitioner is a poor lady and cannot afford to defend herself at a great distance from her place of residence;and

(iv) that the petitioner apprehends grave danger to her life if she goes to Talagang as threats are being extended to her from the opposite party.

3. The learned counsel for the respondent on the other hand has only submitted that the respondent has bonafide filed the suit at Talagang.

4. Having given consideration to the controversy I am of the view that the contentions raised on behalf of the petitioner have force. The petitioner being a lady is entitled to special consideration in a case of this nature which is inter linked with a family dispute between the near relatives of the parties.

5. In view of the foregoing discussion, allowing this petition, I would direct that the suit for recovery titled "Banaras Khan Vs. Noor Begum" be withdrawn from the court of Mirza Rafi-uz-Zaman, Civil Judge, Talagang and entrusted to the Court of Ch Abdul Majid, Civil Judge, Lahore, for adjudication in accordance with law.

6. There will be no order as to costs.

7. The parties shall appear before the transferee court on 9.1.1992.

8. The court Talagang from which the suit has been withdrawn shall ensure that the record of the case reaches the transferee court well in advance of the date fixed above.

9. The transferee court is further directed that in this suit also it shall {jive same dates of hearing as may be fixed in the suits for dissolution of marriage and restitution of conjugal rights respectively filed by the petitioner's daughter and her son in law against each other.

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