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Transfer Application No.282/C of 1984, decided on 10th July, 1984.
---S.24--Transfer of civil cases--Suit pending in a Court not competent to try same--Application for transfer of suit under S.24, C.P.C., held, not competent.
Mst. Razia Shafi v. Major M.S.Malik P L D 1971 S C 247 fol.
Shahid Hussain Kadri for Petitioner.
Date of hearing: 10th July, 1984.
According to the petitioner's own showing the civil Court at Multan does not have the territorial jurisdiction to try the suit. In this situation, as held in Mst. Razia Shaft v. Major M.S.Malik PLD 1971 SCI 247, there is no question of transferring the suit under section 24 of the C.P.C.
Since the question of territorial jurisdiction depends upon determination of certain facts, therefore, the petitioner, if so advised, may raise the objection before the Court concerned and, if raised, the learned trial Judge will treat it as preliminary. The transfer application is disposed of with these observations.
M . B . A . Application disposed of.
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