2008 PLP 177 (SCMR)
SAMAD ELECTRONICS through Arbab Gul — Petitioner Versus TARIQ SHERWANI and 2 others — Respondents
| Citation | 2008 PLP 177 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Nawaz Abbasi and M. Javed Buttar, JJ |
| Parties | SAMAD ELECTRONICS through Arbab Gul — Petitioner Versus TARIQ SHERWANI and 2 others — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2008 PLP 177 (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 2008 PLP 177 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Nawaz Abbasi and M. Javed Buttar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 177 (SCMR) (SAMAD ELECTRONICS through Arbab Gul — Petitioner Versus TARIQ SHERWANI and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----S. 24---Constitution of Pakistan (1973), Art.185(3)---Transfer of suit---Suit for recovery of amount filed by respondents in the court at place `K' having been transferred by the High Court to the Court at place "P", petitioner had challenged the same---Validity---Parties did not plead inconvenience before the High Court---High Court having considered all aspects of the matter had transferred the case to ensure fair trial---Counsel for petitioner had not been able to point out any legal defect in impugned order---In absence of any valid and legal ground for interference, petition was dismissed and leave refused.
- Amanullah Khan Khattak, Advocate Supreme Court and Ch. Muhammad Akram, Advocate-on-Record for Petitioner.
- M.A. Zafar, Advocate Supreme Court for Respondents Nos.2 and 3.
Headnotes / Summary
(On appeal from the judgment, dated 10-1-2005 passed by Peshawar High Court, Peshawar, in C.M./T.A. No.76 of 2004).
Judgment & Decree
MUHAMMAD NAWAZ ABBASI, J.
This petition under Art.185(3) of the Constitution of Islamic Republic of Pakistan has been filed assailing the order dated 10-1-2005 by virtue of which learned Chief Justice of Peshawar High Court, Peshawar, transferred the suit for recovery of certain amount filed by the respondents in the Court of Senior Civil Judge, Karak, to the civil Court at Peshawar.
2. Learned counsel for the petitioner has contended that the learned Chief justice in the High Court, without any lawful justification, transferred the case from Karak to Peshawar and so much so the inconvenience of the parties was not considered. The perusal of the order would show that parties did not plead inconvenience before the High Court and the learned Chief Justice, having considered all aspects of the matter, transferred the case to ensure fair trial. We, therefore, do not find any valid and legal ground for interference or a question of law for our consideration and learned counsel has also not been able to point out any legal defect in the impugned order.
3. In the light of above, we find no substance in this petition and the same is accordingly dismissed. Leave is refused. H.B.T./S-39/SC?????????????????????????????????????????????????????????????????????????????????????????????? Leave refused.