1997 PLP 917 (SCMR)
SARFRAZ HUSSAIN ‑‑‑Petitioner Versus SARDAR BIBI‑‑‑Respondent
| Citation | 1997 PLP 917 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saleem Akhtar and Sh. Riaz Ahmad, JJ |
| Parties | SARFRAZ HUSSAIN ‑‑‑Petitioner Versus SARDAR BIBI‑‑‑Respondent |
| Primary Law | Civil Procedure Code (V of 1908)‑‑ |
Q1: What are the key laws and sections cited in 1997 PLP 917 (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 1997 PLP 917 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saleem Akhtar and Sh. Riaz Ahmad, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 PLP 917 (SCMR) (SARFRAZ HUSSAIN ‑‑‑Petitioner Versus SARDAR BIBI‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Farooq Hasan Naqvi, Advocate Supreme Court and Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 15th November, 1995.
Headnotes / Summary
(On appeal from the order of the Lahore High Court, Lahore dated 26‑9‑1994 passed in T.A. No.429‑C of 1994). ‑‑‑‑S. 24‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑High Court refused to transfer suit filed by respondent at 'L' to ' Chl' on application of petitioner who had himself filed suit against respondent at ' Chl'‑‑‑Earlier suits between parties had been disposed of at ' L' by consent of both parties‑‑‑High Court had dismissed petitioner's application for transfer of respondent's suit on ground that earlier in their matrimonial disputes, parties had agreed for trial of their suits at ' L'‑‑‑Validity‑‑‑Petitioner's contention was that his consent in previous suits which had been disposed of could not be made ground for rejecting application for transfer of suits subsequently‑‑‑Leave to appeal was granted to consider contention raised by petitioner.
Judgment & Decree
Syed Farooq Hasan Naqvi, Advocate Supreme Court and Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner. Nemo for Respondent. Date of hearing: 15th November, 1995. SALEEM AKHTAR, J.‑‑‑The petitioner seeks leave to appeal against the judgment of the learned Judge in Chambers whereby his application under section 24, C.P.C., for transfer of the case filed by the respondent at Lahore to Chakwal was dismissed.
2. As dispute between the petitioner and respondent arose, the former filed suit for restitution of conjugal right while the respondent filed suit for maintenance and suit for dissolution of marriage at Multan. Both the parties filed transfer application but with their consent all the three suits were transferred to the Court of Senior Civil Judge/Judge, Family Court, Lahore. Those suits were disposed of in 1991. The respondent filed suit for recovery of dower at Lahore alleging that the petitioner is residing there. The petitioner also filed suit for recovery of jewellary and clothes at Chakwal. He applied for transfer of respondent's suit to a competent Court at Chakwal as both the parties permanently reside at Chakwal, no part of cause of action had arisen at Lahore and that 'it will be convenient to the parties and their witnesses. The application was dismissed on the ground that earlier in their matrimonial disputes the parties had agreed for trial of their suits at Lahore.
3. The learned counsel contended that petitioner's consent in previous suits which have been disposed of cannot be a ground for rejecting application for transfer of suits filed subsequently. Leave is granted. The proceedings in both the suits are stayed. A.A./S‑1049/S Leave granted.