Law:

Section:

High Courts (Establishment) Order [P. O. No. 8 of 1970], S. 9-Territory (in which subject-matter of suit situated) transferred to Province of Punjab on eve of dissolution of Province of West Pakistan-Appellant seeking transfer of appeal to Lahore High Court on plea that in Lahore High Court she could invoke aid of Punjab Pre-emption Act, 1913 in support of her claim which she could not do before High Court of Sind-Held, appellant could raise such plea even before the High Court of Sind­-Transfer refused by Supreme Court. Mohammad Ibrahim Memon, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing : 2nd February 1972. ORDER WAHEEDUDDIN AHMAD, J.--This is an application under sec­tion 9 of the High Courts (Establishment) Order of 1970, for transfer of Civil Misc. Appeal No. 182 of 1967, from the High Court of Sind & Baluchistan, Karachi, to the Lahore High Court. It has arisen in the following circumstances :--- The petitioner filed a suit for pre-emption in respect of the' sale-of shares of respondents Nos. 7 to 9 in agricultural land measuring 884 Kanals and 16 Marlas, to respondents Nos. 1 to 6. The respondents Nos. 1 to 6 raised an objection that as the village of Sardarpur where the lands are situated had been trans­ferred to Taluka Ubaoro in the District of Sukkur the Administra­tive Civil Judge of Rahimyar Khan had no jurisdiction in the matter. The learned Sub-Judge returned the plaint on the 24th May 1962, and thereafter, the petitioner presented the plaint in the Court of Civil Judge, 1st Class, Sukkur, on the 25th May 1962. The suit was decreed by the trial Court and the petitioner was directed to deposit a sum of Rs. 15,100 which was deposited…

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