1994 PLP 827 (MLD)
WASEEM AZAM — Petitioner Versus QUDRATULLAH and others — Respondents
| Citation | 1994 PLP 827 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | WASEEM AZAM — Petitioner Versus QUDRATULLAH and others — Respondents |
| Primary Law | Civil Procedure Code (V or 1908) |
Q1: What are the key laws and sections cited in 1994 PLP 827 (MLD)?
This judgment primarily cites: Civil Procedure Code (V or 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 827 (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: 1994 PLP 827 (MLD) (WASEEM AZAM — Petitioner Versus QUDRATULLAH and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Wasi Zafar for Petitioner.
- Nemo for Respondents Nos.1 to 3.
Headnotes / Summary
S.24
Pending appeal before Court, an application for initiating contempt proceedings was also moved which was pending before that Court
Case was later on referred to District Judge who transferred same to another Court
Contempt matter which was to be dealt with by original Court, though was tagged with appeal passed on to transferee Court, but no order was passed by District Judge in that respect in his order transferring case to transferee Court
File of contempt matter pending in transferee Court was directed to be sent back to original Court where application for initiating contempt proceedings was moved: --[Contempt of Court].
Judgment & Decree
It is submitted by the learned counsel for the petitioner that appeal titled "Wasim Azam v. Pakistan Railways" was pending in the Court of Ch. Muhammad Saeed, learned Additional District Judge, Lahore. During the pendency of the appeal an application for initiating contempt proceedings was also moved, which was also pending before the said Court on 23-7-1992. The learned Additional District Judge (Ch. Muhammad Saeed) passed an order that he would not like to hear the appeal and the parties were directed to appear before the District Judge, Lahore on the same day,
2. The matter was placed before the learned District Judge on 23-7-1992 and keeping in view the reference made by Ch. Muhammad Saeed, learned District Judge passed an order for its transfer to the Court of Mr. Hakeem Akhtar Arshad, Additional District Judge.
3. It appears that the contempt matter which was being dealt with by Ch. Muhammad Saeed, learned Additional District Judge was also tagged with the appeal passed on to the Court of Mr. Hakeem Akhtar Arshad, Additional District Judge, through with regard thereto no order was passed by the learned District Judge for transfer.
4. It is submitted by the learned counsel that the contempt matter is pending in the Court of Mr. Hakeem Akhtar Arshad, learned Additional District Judge, Lahore, although there is no order for transfer of the said case to the said learned Court and in these circumstances, the file should be directed to be returned to the Court of Ch. Muhammad Saeed, Additional District Judge.
5. With the assistance of the learned counsel I have gone through the order, dated 23-7-1992 passed by Ch. Muhammad Saeed, learned Additional District Judge as well as the order of even date passed by the learned District Judge wherein the transfer of the appeal file from the Court of Ch. Muhammad Saeed,. Additional District Judge to the Court of Mr. Hakeem Akhtar Arshad, Additional District Judge was effected.
6. There is no order of transfer of the contempt matter from the Court of Ch. Muhammad Saeed,. Additional District Judge to the Court of Mr. Hakeem Akhtar Arshad, Additional District Judge. In this view of the matter, it is directed that the file of the contempt matter titled "Wasim Azam v. Qudratullah" presently pending in the Court of Mr. Hakeem Akhtar Arshad, Additional District Judge, be sent back to the Court of Ch. Muhammad Saeed, Additional District Judge.
7. The writ petition is disposed of in these terms, H.B.T./W-42/L Order accordingly.