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P L D 1984 Lahore 294
Before Lehrasap Khan, J
WASIQ ALI KHAN‑Appellant/Petitioner
Versus
MAHMOOD AFZAL KHAN AND 01HERS‑Respondents
Transfer Application No. 411/C of 1983, decided on 13th November, 1983.
Civil Procedure Code (V of 1908)‑‑
‑‑ S.‑ 24 read with O. VII, r. 10‑Transfer and withdrawal of cases General powers of transfer and withdrawal of cases vesting in High Court or District Court exerciseable only if suit pending in Court of competent jurisdiction‑Such power not available if suit .pending before Court lacking jurisdiction‑Remedy in such circumstances, held, provided by r. 10 of O. VII.
Sh. Rashid Ahmad Akhtar for Appellant.
Through the present transfer application the petitioner seeks the transfer of a civil suit filed by Muhammad Afzal etc. respondents against the petitioner and Mst. Razia Begum in the Court of Civil Judge, Nankana Sahib district Sheikhupura seeking a declaration to the effect that the plaintiffs respondents were the legal heirs of Agba Muhammad Salim Khan deceased and were entitled to inherit him to the extent of their respective share according to Muhammadan Law. As a consequential relief, a decree for perpetual injunction against the defendants has also been prayed for that they should not alienate or waste away the property left by the deceased.
2. The transfer of the suit is sought solely on the ground that the civil Court at Nankana Sahib has no territorial jurisdiction in the matter. It is an established proposition of law that general power of transfer and with drawal of cases under section 24, C. P. C. can be exercised by the High Court or the District Court for ordering the transfer of a case from one Court of competent jurisdiction to another Court of competent jurisdiction. This power is not available if the suit is pending before a Court which lacks jurisdiction. The remedy for cases which are filed before a Court which lacks territorial jurisdiction is provided by rule 10 of Order VII of the Code of Civil Procedure. Under the said provisions, the Court which lacks the territorial jurisdiction can, at any stage of the suit, return the plaint to be presented to the Court in which the suit should have been instituted.
3. The present petition, in the circumstances is misconceived and is, therefore, dismissed in limine.
M. B. A. Petition dismissed.
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