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Petitioner: WASIQ ALI KHAN VS Respondent: MAHMOOD AFZAL KHAN AND OTHERS
Court Name: Lahore High Court Judge(s): Malik Lehrasab Khan Title: WASIQ ALI KHAN vs MAHMOOD AFZAL KHAN AND OTHERS Case No.: Transfer Application No, 411/C of 1983 Date of Judgment:1983-11-12 Reported As: PLD 1984 Lahore 294 Result: Petition dismissed
Judgment ORDER ' 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 Agha 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. I 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,