2009 PLP 215 (MLD)
Messrs KASHMIR RICE MILLS and 2 others — Applicants Versus JUDGE BANKING COURT NO.1, GUJRANWALA and another — Respondents
| Citation | 2009 PLP 215 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Messrs KASHMIR RICE MILLS and 2 others — Applicants Versus JUDGE BANKING COURT NO.1, GUJRANWALA and another — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2009 PLP 215 (MLD)?
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 215 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 215 (MLD) (Messrs KASHMIR RICE MILLS and 2 others — Applicants Versus JUDGE BANKING COURT NO.1, GUJRANWALA and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Qamar uz Zaman for Respondent.
Headnotes / Summary
S. 24
Application for
Suit filed by the Bank in Banking Court at place "G", had been sought to be transferred to High Court
Counsel for plaintiff Bank had contended that suit filed was earlier in time; and that the parties and issues were not common and mortgagors/guarantors were not party to the suit
Bank had sued on the basis of finance, while applicants had sued inter alia for damages
Held, it would not be appropriate to transfer the suit to the High Court as common or consolidated trial because of the absence of the said parties in the suit filed by the applicants, would not be possible
Transfer application was dismissed.
Judgment & Decree
MAULVI ANWARUL HAQ, J.
Transfer of a suit filed by respondent-Bank (Annex-A) pending before learned Judge Banking Court, Gujranwala to this Court is being sought where COS No.42-07 (Annex-B) filed by the petitioners is pending.
2. Learned counsel for the petitioners with reference to the case "Messrs First Women Bank Limited v. Registrar, High Court of Sindh Karachi and 4 others" (2004 SCMR 108) contend that the said suit at Gujranwala is liable to be transferred to this Court. Learned counsel for the respondent-Bank, on the other hand, contends that the suit filed by the Bank is earlier in time and that the parties and issues are not common and as such no ground for transfer of the suit to this Court.
3. I have examined the plaint in the suit with reference to the said submissions of the learned counsel for the parties. I find that whereas in the suit filed by the respondent-Bank. Muhammad Safdar, Muhammad Arshad and Sanaullah are mortgagors/guarantors while they are not a party as such to COS No.42/07. Needless to state that whereas the Bank has sued on the basis of finance, the petitioners have sued inter alia, for damages.
4. Having thus examined the two plaints. I do find that it will not be appropriate to transfer the said suit to this Court as common or consolidated trial because of the absence of the said parties in the suit filed by the petitioners would not be possible. T.A. is accordingly dismissed. H.B.T./K-52/L Application dismissed.