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MUSSARRAT TAHIRA versus MUHAMMAD YAQOOB


Section 24 Civil Case Transfer Applicant (wife) filed for restoration of marital rights in D against Respondent (Husband) before adjournment in Family Court and similar case in both cases The respondents were likely to go to D for the protection of the respondents as no applicant had any male member, so they were allowed to go to D for protection and the transfer of the suit was granted so that the two courts. Dispute of proceedings and decisions could be avoided and the court heard both cases. On L. [Transfer of civil cases]

1981 C L C 501

[Lahore]

Before M. Mehboob Ahmad, J

Mst. MUSSARAT TAHIRA‑Petitioner

Versus

MUHAMMAD YAQOOB‑Respondent

Transfer Application No. 395‑C of 1980, beard on 4th March, 1981.

(a) Civil Procedure Code (V of 1908)‑

‑‑ O. XLI, r. 5‑Stay of suit‑Stay order, held, takes effect as soon as passed and proceedings taken in case after date of such order null and void.

Karam Ali v. Raja P L D 1949 Lah. 100 ref.

(b) Civil Procedure Code (V of 1908)‑

‑ S. 24‑Transfer of civil cases‑Suit of petitioner (wife) pending before Family Court at L earlier in time than respondent's (husband's) suit filed for restitution of conjugal rights at D and matter in both suits similar‑Possibility of maltreatment of petitioner at hands of respon dent while going to D existing in view of petitioner having no male member to accompany her to D for her protection‑Transfer of suits allowed to avoid multiplicity of proceedings and conflict of judgments by two Courts and both suits ordered to be heard by Court at L. [Transfer of civil cases].

Syed Nazir Ahmad v. Syed Muhammad Saeed and another P L D 1955 Lah. 34 ref.

Kh. Z. H. Tahir for Petitioner.

Mahboob Ahmed for Respondent.

Date of hearing : 4th March, 1981.

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