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KHUSBNUDUR REHMAN versus ZUBEDA BEGUM


Article 24 Transfer of civil cases The deciding point in favor of the defendants who were ill without applicants' advice, who was ill, was that there was no special basis for transfer of the case, especially when such orders were made by the applicants. Legal status is not challenged [Transfer of civil cases]

1981 C L C 406

[Lahore]

Before M. Mehboob Ahmad, J

KHUSHNUDUR REHMAN‑petitioner

versus

Mst. ZUBEDA BEGUM AND 2 OTHERS‑Respondents

Transfer Application No. 215/C of 1980, heard on 10th December, 1980.

(a) Civil Procedure Code (V of 1908)‑‑

S. 24‑Transfer of civil cases‑Court deciding point in favour of respondents without heating petitioner's counsel, who was sick, held, not a ground for transfer of case especially when legality of such order not challenged by petitioner.‑[Transfer of civil cases).

(b) Civil Procedure Code (V of 1908)‑

S. 24‑Transfer of civil cases‑Utterance of respondent outside Court. that petitioner is unnecessarily litigating as respondent would have decision according to his own desire, held, can in no manner be termed sufficient ground for transfer of cases.‑[Transfer of civil cases].

(c) Civil Procedure Code (V of 1908)‑

‑‑ S. 24‑Transfer of a previous case from Court, from which transfer of case sought, held, not a ground for transfer of case‑Each case to be decided on its own merits.‑[Transfer of civil cases].

Khan Muhammad Yoweas Khan for Appellant.

Mian Mohiudin Ahmad for Respondent.

Date of hearing : 10th December, 1980.

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