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M.LT;AMMAD SHAH NAWAZ versus MUHAMMAD ABBAS


Section 24 Transfer of civil cases does not necessarily have to be transferred to another court where remand has been sought to settle the matter, to detect a subordinate court or to have its decision placed by a superior court, This does not mean that it may disqualify the subordinate court. Such a trial and settlement on remand

1981 C L C 9

[Lahore]

Before Aamer Raza A. Khan, J

MUHAMMAD SHAH NAWAZ‑Appellant

versus

MUHAMMAD ABBAS‑Respondent

Civil Revision No. 1574; Civil Miscellaneous Nos. 5961 and 5962 of 1980, decided on 29th September 1980.

Civil Procedure Code (V of 1908)‑

‑‑ S. 24‑Transfer of civil cases‑Suit need not necessarily be transferred for disposal to another Court where case remanded for disposal Fact of finding or judgment of a subordinate Court being set aside by a superior Court, held, does not mean to incapacitate such subordinate Court from hearing and disposing of such suit on remand.‑[Remand of case‑Transfer of civil cases].

Hafizur Rehman v. Shafiq Ahmad 1979 C L C 506 ; Mst. Paro v. Chajja Singh A I R 1934 Lah. 539 and Sita Ram v. Balak Ram A I R 1934 Oudh 154 distinguished.

M. Pervez Ahmad Butter for petitioner.

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