Case Details

Citation(s)
2010 SLG 2551 = 2010 SLD 2551 = 2010 YLR 1640
Lahore High Court
T.A. No.104-C of 2010, decided on 16th April 2010.
Presented By: Ch. Iftikhar Hussain, J
Ch. Imtiaz Ahmad Kamboh for Applicant.

JAMAL-UD-DIN---Applicant

VERSUS

JAMAT ALI and 3 others---Respondents

Law:

Section:

Civil Procedure Code (V of 1908)--- ---Ss. 24 & 115---Application for transfer of revision petition from District Headquarter to Tehsil Headquarter "G"---Pleas of applicant that he was resident of Tehsil "G", where land in dispute also situated; and that Tehsil "G" was created after filing of revision at District Headquarter---Validity---Suit out of which revision had arisen was decided by Civil Court at District Headquarter, where revision thereagainst was filed by applicant himself about 3 1/2 months ago---Tehsil "G" had been created much prior to filing of revision at District Headquarter---Respondent had shown apprehension of some threats to him at hands of applicant in going to Tehsil Headquarter "G"---High Court dismissed transfer application in circumstances. Ch. Imtiaz Ahmad Kamboh for Applicant. Ch. Ishtiaq Ahmad for Respondents Nos.1 to 3. ORDER CH. IFTIKHAR HUSSAIN, J.---Applicant Jamal-ud-Din by way of the instant application has sought for transfer for the revision petition titled Jamal-ud-Din v. Jamat Ali and others from the Court of Rana Riaz Ahmad Khan, learned Additional District Judge, Toba Tek Singh to such Court at Gojra. 2. It has been contended on his behalf that he is resident of Gojra and the property in dispute is also situated there and the suit in the matter was filed when Gojra Tehsil had not been created and now after it's creating, the Court of Additional District Judge is working there and, hence, for convenience of the parties and being in line with the scheme of law, the revision petition may be withdrawn from the present Court and transferred to some Court at Tehsil Headquarter, Gojra. 3. As against the same, the learned counsel for respondent Nos.1 to 3 has vehemently opposed the instant petition saying that the impugned order was passed by the Court of learned Civil Judge, Toba Tek Singh and thereafter the petitioner himself has brought revision petition against the same at the district headquarter and he so, now can't ask for it's transfer to Gojra; that the learned District Judge has…
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