2010 PLP 1209 (MLD)
ALI RIAZ and 3 others — Petitioners Versus ZULFIQAR ALI — Respondent
| Citation | 2010 PLP 1209 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ALI RIAZ and 3 others — Petitioners Versus ZULFIQAR ALI — Respondent |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2010 PLP 1209 (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 2010 PLP 1209 (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: 2010 PLP 1209 (MLD) (ALI RIAZ and 3 others — Petitioners Versus ZULFIQAR ALI — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Khaliq Safrani for Petitioners.
- Nemo for Respondent.
Headnotes / Summary
S. 24 & O.XXXVII, R.2
Application for
Suit for recovery of amount filed by the plaintiff in court at place `S' had been sought to be transferred in court at place `F'
No body had opposed the request of the defendants
Even otherwise, request of the defendants seemed genuine as the address of the parties as mentioned in the plaint in the suit, was at "L" which was near to the place where suit had been sought to be transferred
Suit was withdrawn from the court at place `S' and transferred the same to the court at place `F' for disposal in accordance with law.
Judgment & Decree
CH. IFTIKHAR HUSSAIN, J.
His notice has been received back after personal service. None but has turned up on his behalf. It appears that he perhaps is not interested to contest this petition. Hence, he is proceeded against ex parte.
2. The learned counsel for the petitioners has submitted that it is evident from the copy of the plaint in suit under Order XXXVII Rule 2 C.P.C. brought by the respondent against the petitioners that the parties belong to Lahore; and that this is sufficient proof of the fact that he has maliciously brought the said suit at District Headquarters., Sheikhupura, while the copies of the plaints in many other suits between the parties also show that their litigation is pending before different Courts at Ferozewala and hence, for convenience of the parties and propriety, the said suit under Order XXXVII Order 2 C.P.C. of the respondent may be made to be heard by any competent Court at Ferozewala.
3. There is nobody to oppose such request. Even otherwise, their request seems genuine as the address of the parties as mentioned in the A plaint in the suit under reference is of Lahore. The copies of different suits pending between them also show that these are pending before various Courts at Ferozewala it is needless to mention here that it may be convenient for the parties to go to Ferozewala from Lahore than Sheikhupura.
4. I don't want to dilate any further on this aspect of the matter as it appears that when necessity arose to the respondent, he brought the suit at Sheikhupura.
5. The learned counsel for the petitioners submits that there are at least five Additional District Judges working at Ferozewala. Hence allowing this application, I withdraw the suit titled "Zulifqar Ali v. Ali Riaz and others" from the Court of Mr. Muhammad Afzal Faheem, learned Additional District Judge, Sheikhupura and transfer it to the Court of learned District Judge, Sheikhupura for its onward transfer/entrustment to some Court of Additional District Judge at Tehsil Ferozewala for disposal in accordance with law. The file be sent to the transferee Court immediately without any unnecessary loss of time. The parties to appear there on 1-6-2010. C.M. No. 2-C of 2010.
6. As the main petition has been allowed by this Court today, therefore, this miscellaneous petition has lost its relevance. Dismissed as having gone infructuous. H.B.T./A-119/L Suit transferred.