CHAUDHRY BROTHERS LTD. vs GOVERNMENT OF PAKISTAN THROUGH — 1971 SCMR 705

Citation: 1971 SCMR 705

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: CHAUDHRY BROTHERS LTD. vs GOVERNMENT OF PAKISTAN THROUGH JUDGMENT

Headnotes

Case cited as 1971 SCMR 705

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Sajjad Ahmad Jan Title:CHAUDHRY BROTHERS LTD. vs GOVERNMENT OF PAKISTAN THROUGH JUDGMENT Reported As: 1971 SCMR 705 Result: Petition dismissed Judgment JUDGMENT SAMAD AHMAD, J.---This is an application t1;1der Clause 9 of the President's Order 8 of 1970 for transfer of L. P. A. No. 38/68 pending in the High Court of Sind & Baluchistan, Karachi, to the High Court, Lahore. It appears that the litiga--tion between the parties is going on in Karachi since 1952. The matter was, at one stage, referred to the arbitration of Mr. Justice Muhammad Munir, a former Chief Justice of Pakistan, who gave his award on the 8th of June 1966, which was made the rule of the Court by a learned Single Judge of the Karachi Bench on the 2nd of December 1967. The Letters Patent Appeal in question was filed by the respondent during the year 1968. The ground urged is that when the litigation was started, the seat of the respondent-Government was at Karachi but now it has shifted to Rawalpindi, and. Therefore, the matter now falls within the jurisdiction of the Lahore High Court. This ground is entirely, untenable. The present appeal arises out of the judgment of a Single Judge of the Karachi High Court, and has to be disposed of by a Letters Patent Bench of that Court. The petitioner must stick to the forum, which he had selected for his action, i.e., the Karachi High Court. The change of capital from Karachi to Islamabad does not…

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