1986 PLP 658 (MLD)
HABIB SUGAR MILLS Ltd.‑‑Petitioner Versus PATTOKI SUGAR MILLS Ltd. and others‑‑Respondents
| Citation | 1986 PLP 658 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Amjad Khan, J |
| Parties | HABIB SUGAR MILLS Ltd.‑‑Petitioner Versus PATTOKI SUGAR MILLS Ltd. and others‑‑Respondents |
| Primary Law | Civil Procedure Code (V of 1908)‑‑ |
Q1: What are the key laws and sections cited in 1986 PLP 658 (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 1986 PLP 658 (MLD)?
The case was heard and decided by the Lahore bench comprising: Amjad Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1986 PLP 658 (MLD) (HABIB SUGAR MILLS Ltd.‑‑Petitioner Versus PATTOKI SUGAR MILLS Ltd. and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shahid Hussain Kadri for Petitioner.
- Sharif Hussain Bokhary for Respondents.
- Date of hearing: 7th October, 1984.
Headnotes / Summary
‑‑‑S.24‑‑Transfer of civil case‑‑Agreements in both suits were related to identical projects and were also similarly worded‑‑Common questions of law and facts were likely to arise for determination in both suits‑‑ Respondent had its office at place 'L'‑‑Keeping in view interest of both parties and absence of serious contest from opposite side, suit pending at place 'K' ordered to be transferred at place 'L' as prayed for in circumstances.
Judgment & Decree
‑‑‑S.24‑‑Transfer of civil case‑‑Agreements in both suits were related to identical projects and were also similarly worded‑‑Common questions of law and facts were likely to arise for determination in both suits‑‑ Respondent had its office at place 'L'‑‑Keeping in view interest of both parties and absence of serious contest from opposite side, suit pending at place 'K' ordered to be transferred at place 'L' as prayed for in circumstances. Shahid Hussain Kadri for Petitioner. Sharif Hussain Bokhary for Respondents. Date of hearing: 7th October, 1984. Transfer of a civil suit pending in the Court of Mr. Muhammad Maqbool Bajwa, Civil Judge, Kasur, is prayed on the ground that a similar suit between the parties, though relating to a different project, is pending in the Court of Mr.Nawaz Ahmad Ghuman, Civil Judge, Lahore.
2. It is submitted that since the agreements in both the suits relate to identical projects and are also similarly worded, therefore, common questions of law and fact are likely to arise for determination in these suits and that respondent No.2 also has its principal office at Lahore, therefore, it will rather be in the interest of both the parties that the .two suits are tried at Lahore. Learned counsel for the respondents does not seriously contest the facts stated above and he appears to be more interested in the accelerated disposal of the suits, therefore, he submits that an actual date for presence of the parties before the transferee Court may be fixed within this week with a direction that the relevant file at Kasur will be brought by a special messenger for delivery to the transferee Court. He also offers to pay the necessary expenses in this behalf.
3. The transfer application is accordingly allowed and the suit at Kasur is withdrawn from the Court of Mr. Muhammad Maqbool Bajwa, Civil Judge, Kasur and is entrusted to Mr. Nawaz Ahmad Ghuman, Civil Judge, Lahore for trial on the same dates of hearing with the other suit between the parties pending in his Court. The record of the transferred suit will be produced in the transferee Court by a special messenger on 13‑10‑1984 when the parties will also appear there. Learned counsel for the respondents will pay the necessary expenses to the special messenger on Ahat date. No order as to costs. H . B. T. Transfer application allowed.