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1971 S C M R 705
Present: Sajjad Ahmad and M. R. Khan, JJ
CHAUDHRY BROTHERS LTD.‑Petitioner
versus
GOVERNMENT OF PAKISTAN THROUGH SECRETARY, MINISTRY OF FOOD & AGRICULTURE, ISLAMABAD --Respondent
Civil Miscellaneous No. 49 of 1971, decided on 27th October 1971.
High Courts (Establishment) Order, 1970
[P. 0. 8 of 1970], Cl. 9‑Transfer of civil cases‑Appeal arising out of judgment of Karachi High Court which forum appellant had himself selected -Change of Capital from Karachi to Islamabad does not affect issue-Transfer of case from Karachi High Court to Lahore High Court refused.
Petitioner in person.
Ihsanul Haq, Advocate Supreme Court instructed by Ifiikhar uddin Ahmad, Advocate‑on‑Record for Respondent.
Date of hearing : 27th October 1971.
SAMAD AHMAD, J.‑‑‑T
his is an application t1;1der Clause 9 of the President's Order 8 of 1970 for transfer of L. P. A.
No. 38/68 pending in the High Court of Sind & Baluchistan, Karachi, to the High Court, Lahore. It appears that the litiga tion between the parties is going on in Karachi since 1952. The matter was, at one stage, referred to the arbitration of Mr. Justice Muhammad Munir, a former Chief Justice of Pakistan, who gave his award on the 8th of June 1966, which was made the rule of the Court by a learned Single Judge of the Karachi Bench on the 2nd of December 1967. The Letters Patent Appeal in question was filed by the respondent during the year 1968. The ground urged is that when the litigation was started, the seat of the respondent‑Government was at Karachi but now it has shifted to Rawalpindi, and. therefore, the matter now falls within the jurisdiction of the Lahore High Court. This ground is entirely, untenable. The present appeal arises out of the judgment of a Single Judge of the Karachi High Court, and has to be disposed of by a Letters Patent Bench of that Court. The petitioner must stick to the forum, which he had selected for his action, i.e., the Karachi High Court. The change of capital from Karachi to Islamabad does not affect the issue. This change might more likely cause inconvenience to the respondent in pursuit of this litigation but does not at all alter the situation so far as the petitioner is concerned. The petition is dismissed.
Petition dismissed.
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