1998 PLP 1199 (SCMR)
BATOOL BIBI and others‑‑‑Petitioners Versus GHULAM QADIR‑‑‑Respondent
| Citation | 1998 PLP 1199 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Ajmal Mian and Fazal Karim, JJ |
| Parties | BATOOL BIBI and others‑‑‑Petitioners Versus GHULAM QADIR‑‑‑Respondent |
| Primary Law | Civil Procedure Code (V of 1908)‑‑‑ |
Q1: What are the key laws and sections cited in 1998 PLP 1199 (SCMR)?
This judgment primarily cites: Civil Procedure Code (V of 1908)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 1199 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Ajmal Mian and Fazal Karim, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 1199 (SCMR) (BATOOL BIBI and others‑‑‑Petitioners Versus GHULAM QADIR‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Iqbal, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioners.
- Nemo for Respondent..
- Date of hearing: 11th January, 1995
- Muhammad Iqbal, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners.
- 2. In support of the above petition, Mr. Muhammad Iqbal, learned Advocate Supreme Court appearing for the petitioner, has contended that since originally the suit was filed in the Court of Civil Judge, Mailsi, and as the same was transferred to the Court of Civil Judge, Vehari, for the reason that the then incumbent of the office of Civil Judge, Mailsi, did not want to hear the above suit for personal reasons, the aforesaid suit should have been re-transferred as the said incumbent, who declined to hear the suit, was no longer posted at Mailsi.
Headnotes / Summary
(On appeal from the order dated 11‑5‑1993 of the Lahore High Court, Multan Bench, Multan, passed in Transfer Application No. 102‑C of 1992). ‑‑‑‑S. 24‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Transfer of civil case from the Court of Civil Judge 'V' to the Court of Civil Judge 'M'‑‑‑High Court dismissed application for transfer of suit‑‑‑Validity‑‑‑Suit in question had earlier been competently transferred from one Court to another‑‑‑High Court had declined to re‑transfer the same for the reason that no bias or prejudice had been attributed to present incumbent of the office of Civil Judge 'V'‑‑‑Case was not found fit for grant of leave‑‑‑Leave to appeal was refused in circumstances.
Judgment & Decree
AJMAL MIAN, J.
This is a petition for leave to appeal against the order dated 11-5-1993 passed by a learned Single Judge of the Lahore High Court in Transfer Application No. 102-C of 1992 filed by the petitioners for the transfer of a suit from the Court of Civil Judge, Vehari, to the Court of Civil Judge, Mailsi, on the ground that the suit property is situated there, dismissing the same. The petitioners have, therefore, filed the present petition for leave to appeal.
2. In support of the above petition, Mr. Muhammad Iqbal, learned Advocate Supreme Court appearing for the petitioner, has contended that since originally the suit was filed in the Court of Civil Judge, Mailsi, and as the same was transferred to the Court of Civil Judge, Vehari, for the reason that the then incumbent of the office of Civil Judge, Mailsi, did not want to hear the above suit for personal reasons, the aforesaid suit should have been re-transferred as the said incumbent, who declined to hear the suit, was no longer posted at Mailsi. A.A./B-272/S Leave refused.