1988 PLP 1914 (CLC)
Kh. MAHMOOD HASAN and another‑‑Petitioners Versus ZUBAIR AHMAD and another‑‑Respondents
| Citation | 1988 PLP 1914 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Asadullah, J |
| Parties | Kh. MAHMOOD HASAN and another‑‑Petitioners Versus ZUBAIR AHMAD and another‑‑Respondents |
| Primary Law | Civil Procedure Code (V of 1908)‑‑ |
Q1: What are the key laws and sections cited in 1988 PLP 1914 (CLC)?
This judgment primarily cites: Civil Procedure Code (V of 1908)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 1914 (CLC)?
The case was heard and decided by the Lahore bench comprising: Muhammad Asadullah, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 1914 (CLC) (Kh. MAHMOOD HASAN and another‑‑Petitioners Versus ZUBAIR AHMAD and another‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Ismail Qureshi for Petitioners. Nazir Hussain Chishti for Respondent No.l.
Headnotes / Summary
‑‑‑Ss. 20 & 24‑‑Withdrawal and transfer of suits‑‑Maintainability of money suits‑‑Territorial jurisdiction‑‑Money suit would be maintainable against defendant at a place where he resided permanently or worked for gain‑‑Without going into the question, whether. such suits were maintainable at any other place or not, High Court felt proper and convenient that same should be tried at that place where defendants resided‑‑Suits pending at 'S' were withdrawn from Courts of respective Civil Judges and transferred to Court of Senior Civil Judge 'L' with direction, either to try such cases himself or to entrust same for trial and disposal to any other Civil Court of competent jurisdiction.
Judgment & Decree
‑‑‑Ss. 20 & 24‑‑Withdrawal and transfer of suits‑‑Maintainability of money suits‑‑Territorial jurisdiction‑‑Money suit would be maintainable against defendant at a place where he resided permanently or worked for gain‑‑Without going into the question, whether. such suits were maintainable at any other place or not, High Court felt proper and convenient that same should be tried at that place where defendants resided‑‑Suits pending at 'S' were withdrawn from Courts of respective Civil Judges and transferred to Court of Senior Civil Judge 'L' with direction, either to try such cases himself or to entrust same for trial and disposal to any other Civil Court of competent jurisdiction. Muhammad Ismail Qureshi for Petitioners. Nazir Hussain Chishti for Respondent No.l. This order will dispose of Transfer Applications Nos. 739, 740, 741 and 742 of 1987 as the points involved 'in the same are similar.
2. The learned counsel for the petitioners gives up respondent No.2 in all the four transfer applications. His name is allowed to be deleted from the same. I have heard the learned counsel for the parties.
3. Under the law a money suit is maintainable against a defendant at a place where he resides permanently or works for gain. There is no dispute that the petitioners reside in Lahore and, therefore, the suits are maintainable against them at Lahore. Therefore, without going into the question whether the suits are also maintainable at Sheikhupura or not, I feel it proper that the suits should be tried at the place where the defendants i.e. the petitioners, in the four transfer applications, reside. Accordingly the four suits pending at Sheikhupura are withdrawn from the Courts of respective Civil Judges and are transferred to the Court of Senior Civil Judge, Lahore. He may try the cases himself or 'may entrust the same for trial and disposal to any other Civil Judge of competent jurisdiction at Lahore. A . A . /M‑705/ L Cases transferred.