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MOTIULLAH versus RUSTAM ALI, ADVOCATE,


None of the lawyers in the Section 24 litigation transfer are willing to accept a brief against being a liable advocate partner; there is a limit to the transfer of the case.

1983 C L C 3181 (1)

[Lahore]

Before Sardar Muhammad, J

MOTIULLAH‑Petitioner

versus

Ch. RUSTAM ALI, ADAOCVT ‑Respondent

Transfer Application No. 29JC of 1982, decided on 21st February, 1983.

Civil Procedure. Code (V of 1908) ‑

‑‑ S. 24‑‑Transfer of case‑None of lawyers prepared to accept brief against respondent Advocate being their colleague‑Held, sufficient ground for transfer of case.

Umar Kamal Khan for Petitioner.

M. Younas Bhatti for Respondent.

ORDER

The petitioner seeks transfer of the suit for damages filed against him by the respondent and is. pending in the Court of Civil Judge, Vehari.

2. It is contended that none of the lawyers practising at Vehari is prepared to accept the brief against the respondents as he is their colleague.

3. There is sufficient ground for transfer of. the case. It is, there fore directed that the suit pending in the Court of Cavil Judge, Vehari, titled as Ch. Auslam Ali v. Afotiullah Khan shall be transferred for trial by a Civil Judge at Multan. The learned District Judge, Multan, on receipt of the file from Vehari shall entrust it to some Civil Judge at Multan.

M. A. K. Suit transferred.

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