JUDGMENT

Jai Lal, J. - This is an application under Sections 22, 23 and 151, Civil P.C., made by the defendant Ruchi Ram Khattar for the transfer of the civil suit for the recovery of Rs. 1,08,974-8-3, instituted in the Court of the Subordinate Judge of Rawalpindi, to the Dera Ismail Khan District in the North-Western Province. The suit is based on a promissory note admittedly executed by the petitioner in favour of one Sundar Das. Sundar Das, it is alleged, endorsed the promissory note in favour of Sarab Narain Shah, plaintiff. The promissory note was admittedly executed in Dera Ismail Khan, where the petitioner resides, but it is alleged that Sundar Das, who also is a defendant in the suit and is a resident of Rawalpindi, endorsed to Sarab Narain Shah in Rawalpindi. Sarab Narain Shah himself is a resident of the Jhelutn District. He does not carry on any business in Dera Ismail Khan.

2. The application for transfer is made on the ground that there was a dispute between Ruchi Ram and Sundar Das with regard to certain contracts alleged to have been jointly taken by them, which was referred to arbitration. The award of the arbitrator was that Sundar Das should pay Rs. 1,25,000 to Ruch