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WALAYAT KHAN versus GHULAM SAKINA


Such an objection should be made to the preliminary issue when the trial court's jurisdiction hearing on the jurisdiction of the Civil Code, 1908 Section 24 of the Code, should be entered into a preliminary issue and expedited by the date prescribed for approval of the certificate of knowledge. Should be dealt with. Another court case was shifted to this court to prevent the parties from suffering

1985 P L D 199 (2)

[Lahore]

Before Muhammad Afzal Lone, J

Lt. (Retd.) Haji WALAYAT KHAN and another--Applicants

versus

Mst. GHULAM SAKINA and another--Respondents

Transfer Application No. 528/C of 1984, decided on 18th December, 1984.

Civil Procedure Code (V of 1908)---

---S. 24--Transfer of suit--Objection to jurisdiction of Court at having been taken in written statement--Such objection, held, should be put into preliminary issue and disposed of expeditiously by specified date- Petition for grant of Succession Certificate being already pending in another Court--Present case transferred to that Court in order to avoid inconvenience to parties

Sh. Nasim Hassan for Applicants.

ORDER

Mst. Ghulam Sakina, widow of late Maj. (Rtd.) Abdur Rehman, brought a suit for recovery of dower which, is under hearing in the Court of Mr. Ijaz Qutab, Civil Judge, Lahore. Through this application, this suit is sought to be transferred to the civil Court at Kharian.

2. Malik Muhammad Nawaz, Advocate enters appearance, and accepts service on behalf of respondents.

3. I have heard the learned counsel for the parties. I am told that the applicants in their written statement have already raised an objection to the jurisdiction of the Lahore Court. If it is so this objection shall be put into a preliminary issue and disposed of as such expeditiously preferably by 14th of March, 1984.

4. The parties are also arrayed against one another for grant o succession certificate and the matter is sub judice before Syed Iftikhar Hussain Shah, Civil Judge, Lahore. To avoid inconvenience to them it appears appropriate that both the matters be heard by the same Court. Accordingly, the civil suit is withdrawn from the Court of Mr. Ijaz Qutab, Civil Judge and assigned to Syed Iftikhar Hussain, Civil Judge, for disposal. The parties are directed to appear before Mr. Ijaz. Qutab on 22-12-1984, so that the hearing may be expedited and the file) transferred by him to the transferee-Court.

  1. A.

Order accordingly.

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