| Citation(s) |
|---|
| 1994 SLG 1105 1994 SLD 1105 1994 CLC 1761 |
Lahore High Court
Transfer Applications No. 185-C of 1993, decision dated: 20th Decembeir, 1993
MIAN GHULAM AHMAD, J
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Transfer Applications No. 185-C of 1993, decision dated: 20th Decembeir, 1993
MIAN GHULAM AHMAD, J
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Mst. NAYYAR BANO
VS
Haji ALLAH RAKHA and others
Law:
Section:
Civil Procedure Code (V of 1908)-------S. 24---Transfer of case---Counsel for female petitioner had started at bar that other side had held out an open threat to him telling him than he would face consequences of his diligent pursuit of petitioner's cause; and that Presiding Officer did not adopt any measure to protect though offensive on the part of other side was made known to him and that opposing counsel had taken tea with Presiding Officer of Court in his Chamber ---Alleged threats to counsel of female petitioner on the part of opposing side coupled with fact that opposing counsel had tea with Presiding Officer in his Chaunber, were sufficient grounds for transfer of suit as required by female petitioner. Mrs. Farkhanda Akhtar v. Mian Naeem-ur-Rehman 1990 MILD 2114; Malkani Sahibzadi Tiwana v. Shahbaz Khan etc. 1985 CLC 2717; Mian Muhammad N4wab v. Rifat Sharif PLD 1990 Lah. 19; Habib Sugar Mills v. Pattoki Sugar Mills 1986 MLD 658; Hasina Mumtaz v. Mushtaq A.hmad 1989 MLD 448; Mst. Rajan v. Jewan 1990 CLC 896 and Jeeta Mesih v. Frovince of the Punjab 1991 CLC 843 ref. Sahibzada Anwar Hamid for Petitioner. Malik Sharif Ahmad for Respondents Nos.l to 5. Muhammad Asghar Bhutta for Respondent No.6. Date of hearing: 20th December, 1993.. ORDER 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…
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