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Transfer Application No.338/C of 1984, decided on 7th October, 1984.
‑‑‑S.24‑‑Transfer of civil case‑‑Agreements in both suits were related to identical projects and were also similarly worded‑‑Common questions of law and facts were likely to arise for determination in both suits‑‑ Respondent had its office at place 'L'‑‑Keeping in view interest of both parties and absence of serious contest from opposite side, suit pending at place 'K' ordered to be transferred at place 'L' as prayed for in circumstances.
Shahid Hussain Kadri for Petitioner.
Sharif Hussain Bokhary for Respondents.
Date of hearing: 7th October, 1984.
Transfer of a civil suit pending in the Court of Mr. Muhammad Maqbool Bajwa, Civil Judge, Kasur, is prayed on the ground that a similar suit between the parties, though relating to a different project, is pending in the Court of Mr.Nawaz Ahmad Ghuman, Civil Judge, Lahore.
2. It is submitted that since the agreements in both the suits relate to identical projects and are also similarly worded, therefore, common questions of law and fact are likely to arise for determination in these suits and that respondent No.2 also has its principal office at Lahore, therefore, it will rather be in the interest of both the parties that the .two suits are tried at Lahore. Learned counsel for the respondents does not seriously contest the facts stated above and he appears to be more interested in the accelerated disposal of the suits, therefore, he submits that an actual date for presence of the parties before the transferee Court may be fixed within this week with a direction that the relevant file at Kasur will be brought by a special messenger for delivery to the transferee Court. He also offers to pay the necessary expenses in this behalf.
3. The transfer application is accordingly allowed and the suit at Kasur is withdrawn from the Court of Mr. Muhammad Maqbool Bajwa, Civil Judge, Kasur and is entrusted to Mr. Nawaz Ahmad Ghuman, Civil Judge, Lahore for trial on the same dates of hearing with the other suit between the parties pending in his Court. The record of the transferred suit will be produced in the transferee Court by a special messenger on 13‑10‑1984 when the parties will also appear there. Learned counsel for the respondents will pay the necessary expenses to the special messenger on Ahat date. No order as to costs.
H . B. T. Transfer application allowed.
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