2009 PLP 2352 (YLR)
OFSPACE PRIVATE LIMITED — Applicant Versus SAGHIR AHMED QURESHI and others — Respondents
| Citation | 2009 PLP 2352 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Anwar Zaheer Jamali, J |
| Parties | OFSPACE PRIVATE LIMITED — Applicant Versus SAGHIR AHMED QURESHI and others — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2009 PLP 2352 (YLR)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 2352 (YLR)?
The case was heard and decided by the Karachi bench comprising: Anwar Zaheer Jamali, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 2352 (YLR) (OFSPACE PRIVATE LIMITED — Applicant Versus SAGHIR AHMED QURESHI and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Sajjad Abbasi and Shaharyar Qazi for Respondents.
- ANWAR ZAHEER JAMALI, J.--Mr. Muhammad Sajjad Abbas, Advocate holding brief for Mr. Shaharyar Qazi, Advocate for respondent No.1 in civil transfer Application No.41/21008, requests for adjournment on the ground that Mr. Shaharyar Qazi is out of station. Such request is declined.
Headnotes / Summary
S. 24
Application for
Two suits pending in civil court concerned, were sought to be transferred to High Court where litigation between the parties covering the same controversy was pending
It would be proper that two suits also be transferred to the High Court for proceeding so that conflict of judgments in various proceedings relating to the issues arising could be avoided
Transfer applications were allowed with direction that suits pending in civil Court be transferred to the High Court for further proceedings in accordance with law. Agha Faisal for Applicant (in both cases).
Judgment & Decree
ANWAR ZAHEER JAMALI, J.--Mr. Muhammad Sajjad Abbas, Advocate holding brief for Mr. Shaharyar Qazi, Advocate for respondent No.1 in civil transfer Application No.41/21008, requests for adjournment on the ground that Mr. Shaharyar Qazi is out of station. Such request is declined. By these two civil transfer applications, filed by Messrs Ofspace (Private) Limited, they have sought transfer of Civil Suit No.847 of 2008 and civil suit No.899 of 2008, presently pending before the Court of IX Senior Civil Judge, Karachi South to the High Court. The ground urged for seeking such relief is that already litigation between the same parties, in the form of J.M. No.31 of 2007, covering the same controversy, is pending in the High Court, therefore, it will be proper that these two civil suits are also transferred to the High Court for proceeding so that conflict of judgments in various proceedings relating to the issues arising out of the agreement dated 14-1-1998 may be avoided. Reference of another suit No.1272 of 2008, filed by the applicant, has also been made in the transfer application to show that in all these cases the parties are, more or less same and, therefore, it will be just and convenient for all the litigating parties that these matters are proceeded and adjudicated before the same forum at High Court. Saghair Ahmad Qureshi, respondent No.1, in Civil Transfer Application No.40 of 2008, has filed his counter affidavit on 17-10-2008 wherein he has opposed such request of transfer on the pleas that nature of reliefs claimed, and issues will be different, therefore, the proceedings in the matters will be delayed. The respondent No.5, in his counter affidavit has also opposed such request on the same grounds. After hearing the learned counsel, I have carefully perused the material placed on record which substantiates the assertions of the learned counsel for the applicant. There seems to be no valid justification for entertaining such objections of the respondents. Accordingly, both these transfer applications are allowed with directions that Suits Nos.847 of 2008 and 899 of 2008, pending before IX Senior Civil Judge, Karachi South, are transferred to the High Court for further proceeding in accordance with law. H.B.T./O-3/K Application allowed.