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K.L.R. 1998 Civil Cases 86

FAUZIA SHAH vs MUHAMMAD ASLAM

CitationK.L.R. 1998 Civil Cases 86
CourtLahore High Court
Case No.T.A. No. 448 of 1995
Date1996-03-19
Judge(s)Malik Muhammad Qayyum
ResultN/A

MALIK MUHAMMAD QAYYUM, J.- This petition under section 24 C.P.C, seeks transfer of an application for setting aside the ex parte decree which is pending before the Additional District Judge, Sargodha.

2. The learned counsel for the petitioner has contended that due to the attitude and conduct of the Presiding Officer the petitioner does not expect any justice from him especially when the appellate Court had already expressed the opinion against the petitioner by having a case registered against her for. Forgery and impersonation:

3. No one has appeared for the respondent to contest this application.

4. There appears to be some merit in the contention of the learned counsel for the petitioner that the appellate. Court has already expressed opinion on the question of service of notice upon the petitioner by ordering registration of case against the petitioner, therefore, the application for setting aside ex pane decree which involves the same controversy deserves to be decided by some other Court at Khushab District. I am, however, not persuaded to transfer the case out of District for which no valid reason has been disclosed.

In view of above this petition is allowed in the terms that the application for setting aside the ex parte decree filed in the suit titled Muhammad Aslam v. Fouzia Shah is withdrawn front the Court of Ch. Shabhir Hussain, Additional District Judge, Sargodha and is entrusted to the Court of District Judge, Sargodha for its decision in accordance with law.

No order as to costs.

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