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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: Mst. FAHMIDA PARVEEN and anothers VS Respondent: GHULAM HUSSAIN and others
Court Name: Lahore High Court Judge(s): Raja Afrasiab Khan Title: Mst. FAHMIDA PARVEEN and anothers vs GHULAM HUSSAIN and others Case No.: Transfer Application No,772-C of 1990. Date of Judgment:1991-04-23 Reported As: 1991 CLC 1440 Result: Petition accepted
Judgment ORDER Petitioners Mst. Fahmaeda Parveen and Saeeda Parveen instituted a suit for declaration and permanent injunction against Ghulam Hussain respondent before the learned Civil Judge Gujranwala on 24-9-1990. This suit is still pending adjudication before the said Court. Another suit was filed by the present petitioners against the respondent in the Court of Mr. Mahroof Ahmad Ali, Civil Judge, Lahore. The prayer made by the petitioners in this petition is that the suit filed by them at Gujranwala may be withdrawn for its entrustment to the learned Civil Court at Lahore for its trial alongwith suit pending before the said Court. Notice was sent to the respondent for his appearance before this Court. He did not turn up. Notice issued to the respondent was published in the Daily Nawa-iWaqt on 5-4-1991. Despite the publication of the notice, respondent did not appear before this Court. He is accordingly proceeded ex parte. Suit of the petitioners is pending against the respondent before learned Civil Judge at Gujranwala. Similarly another suit between the parties is pending adjudication before learned Civil Judge at Lahore. In the circumstances it would be appropriate if both the suits are consolidated at Lahore for their trial together. Even otherwise it appears that respondent is not interested to contest these proceedings. In the circumstances the suit pending before learned Civil Judge Gujranwala may be withdrawn from his file and shall up entrusted to the learned Civil Judge at Lahore where the subsequent suit of the petitioners is pending, for their trial together. The petition accordingly succeeds and is allowed. With no order at to costs.