1984 PLP 1433 (CLC)

Civil Procedure Code (V of 1908) ‑‑S. 24‑Transfer of case‑‑Subject‑matter of suits, causes of action in suits and parties in one of suits sought to be transferred different Transfer application dismissed. This petition under section 24, C. P. C. seeks the entrustment of the following three cases pending before the various Civil Courts at Gujranwala to one and the same Court :‑ (i) National Bank, Gujranwala v. Ch. Muhammad Ilyas. (ii) Ch. Muhammad Ilyas v. Muhammad Akram Cheema. (iii) Ch. Muhammad Ilyas v:‑Muhammad Akram Cheema.

2. The learned counsel‑ for the petitioner submitted that since the three cases are between the same parties and in essence the controversy involved is the same, the adjudication of all the three cases by one anal the same Court will eliminate the chances of conflict of judgments and will also avoid delay in disposal of cases.

3. I am afraid, the contention raised is not relevant to the controversy involved. The position as emerges is that the first of these suits is against the petitioner and filed by National Bank of Pakistan, Gujranwaia, whereas the subsequent two suits at No. (ii) and No. (iii) above have been filed by the petitioner against Muhammad Akram Cheema, a Manager of the said Bank, the case at serial No. (ii) being for recovery whilst the one at No. (iii) being for damages.

4. Obviously the subject‑matter of the three suits is different, the causes of action in three suits are different and even the parties in the first of the suits are different.

5. It is conceded that the first of the suits i.e. the one filed by National Bank of Pakistan, Gujranwala, against the petitioner is pending before the Additional District Judge, Gujranwala, who is trying it under the Banking Companies Ordinance, 1979, whereas the other two suits are before the learned Civil Judge. This is yet another ground for rejecting this petition.

6. Before parting, I may also observe that earlier the petitioner moved the learned District Judge, Gujranwala, under section 24, C. P. C. with the same prayer as has been made in the present petition. By order dated 27‑7‑1980, the learned District Judge, Gujranwala, rejected the application of the petitioner precisely on the grounds which have weighed with me for rejecting this petition. It may further be observed that although the suit filed by the National Bank of Pakistan is sought to be transferred through this petition, the said Bank has not even been made /a party to this petition.

7. In view of the foregoing, this petition has no merits and it is, accordingly, dismissed. There will, however, be no order as to costs as the respondent has not appeared to contest this petition. M. Y, H. Transfer application dismissed.