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K.L.R. 1998 Civil Cases 580

Mst. HAMEEDA BIBI And Other vs RASHID AHMAD And Another

CitationK.L.R. 1998 Civil Cases 580
CourtLahore High Court
Case No.T.A. No. 21-C of 1998
Date1998-03-11
Judge(s)Ihsan-ul-Haq Chaudhry
ResultN/A

ORDER

IHSAN-UL-HAQ CHAUDHRY, J.- This is an application under Section 24 of the C.P.C, for the transfer of the suit filed by respondent (Rashid Ahmad). The same was admitted to regular hearing and notice was issued to the respondent, who is not present inspite of service. Even otherwise he is fully aware of the pendency of this petition as proceedings in his suit were stayed. The presumption is that he is intentionally avoiding to appear, therefore, proceeded ex parte.

2. It is argued that the suit has been filed with mala fide in order to cause harassment to the petitioner. In this behalf, the leamed counsel has referred to Transfer Application No. 22-C of 1998. It is added that it is not possible for the petitioners to defend the suit at Shakargarh, District Narowal.

3. I have given my anxious consideration to the arguments and gone through the record. The petitioners are not related to the respondent. The petitioners have notified that it is not possible for them to defend the suit at Shakargarh. There is nothing on record to controvert that contention, supported by an affidavit.

4. The upshot of the above discussion is that the suit titled "Rashid Ahmad v. Si raj Din etc." pending in Court of Civil Judge, Shakargarh, District Narowal, for recovery of R-s. 20,000/- is withdrawn from that Court and is made over to the senior most Civil Judge at Ferozewala, District Sheikhupura. The transferee Court is directed to decided the suit in accordance with law.

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