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MUHAMMAD RAMZAN versus NASIM AKHTAT


Section 23 (3) Transfer application where two courts are subordinate to different High Courts, the application for transfer shall be made within the local jurisdiction of the High Court, under whose jurisdiction the Court is located.

P L ID 1985 Lahore 404(1)

Before Akhtar Hassan, J

MUHAMMAD RAMZAN-Petitioner

versus

Mst. NASIM AKHTAR-Respondent

Transfer Application No. 10-C of 1985, decided on 15th April, 1985.

Civil Procedure Code (V of 1908)-

-- S. 23(3)-Transfer application-Where two Courts are subordinate to different High Courts, transfer application would be made to High Court within local limits of whose jurisdiction subordinate Court is situate.

ORDER

By this transfer application, a family case instituted at Haripur, District Abbottabad is sought to be transferred to the jurisdiction of this High Court. Subsection (3) of section 23, C. P. C. was invoked but it does not seem to help the petitioner. It provides that where two courts are subordinate to different High Courts, the application would be made to the High Court within the local limits of whose jurisdiction the Court in which the suit is A brought is situate. It will manifestly mean that the transfer application would lie to the High Court, Peshawar, as the subordinate Court at Haripur is situate within the local limits of their jurisdiction. The application is dismissed.

M. Y. H. Application dismissed

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