1985 P L D 199 (2) (PLP)
Lt. (Retd.) Haji WALAYAT KHAN and another — Applicants Versus Mst. GHULAM SAKINA and another — Respondents
| Citation | 1985 P L D 199 (2) (PLP) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Afzal Lone, J |
| Parties | Lt. (Retd.) Haji WALAYAT KHAN and another — Applicants Versus Mst. GHULAM SAKINA and another — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 1985 P L D 199 (2) (PLP)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1985 P L D 199 (2) (PLP)?
The case was heard and decided by the Lahore bench comprising: Muhammad Afzal Lone, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1985 P L D 199 (2) (PLP) (Lt. (Retd.) Haji WALAYAT KHAN and another — Applicants Versus Mst. GHULAM SAKINA and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 24--Transfer of suit--Objection to jurisdiction of Court at having been taken in written statement--Such objection, held, should be put into preliminary issue and disposed of expeditiously by specified date- Petition for grant of Succession Certificate being already pending in another Court--Present case transferred to that Court in order to avoid inconvenience to parties Sh. Nasim Hassan for Applicants.
Judgment & Decree
S. 24--Transfer of suit--Objection to jurisdiction of Court at having been taken in written statement--Such objection, held, should be put into preliminary issue and disposed of expeditiously by specified date- Petition for grant of Succession Certificate being already pending in another Court--Present case transferred to that Court in order to avoid inconvenience to parties Sh. Nasim Hassan for Applicants. Mst. Ghulam Sakina, widow of late Maj. (Rtd.) Abdur Rehman, brought a suit for recovery of dower which, is under hearing in the Court of Mr. Ijaz Qutab, Civil Judge, Lahore. Through this application, this suit is sought to be transferred to the civil Court at Kharian. 2. Malik Muhammad Nawaz, Advocate enters appearance, and accepts service on behalf of respondents. 3. I have heard the learned counsel for the parties. I am told that the applicants in their written statement have already raised an objection to the jurisdiction of the Lahore Court. If it is so this objection shall be put into a preliminary issue and disposed of as such expeditiously preferably by 14th of March, 1984. 4. The parties are also arrayed against one another for grant o succession certificate and the matter is sub judice before Syed Iftikhar Hussain Shah, Civil Judge, Lahore. To avoid inconvenience to them it appears appropriate that both the matters be heard by the same Court. Accordingly, the civil suit is withdrawn from the Court of Mr. Ijaz Qutab, Civil Judge and assigned to Syed Iftikhar Hussain, Civil Judge, for disposal. The parties are directed to appear before Mr. Ijaz. Qutab on 22-12-1984, so that the hearing may be expedited and the file) transferred by him to the transferee-Court. Order accordingly.