Law: Civil Procedure Code (V of 1908)

Section: OrderXIV,Rule2

Law: Partnership Act, 1932

Section: 69(1)

Lahore High Court (Establishment of Benches) Rules, 1981-------Rr. 5, 6 & 11---Constitution of Pakistan (1973), Art.202---Civil Procedure Code (V of 1908), S.115---Revision against interim order passed by Civil Judge, Islamabad---Filing of such revision at principal seat of High Court at Lahore---Validity---All matters arising out of the area assigned to a Bench would be filed before and disposed of by such Bench---Subject-matter of revision arose within the area assigned to Rawalpindi Bench, which could not directly be entertained at principal seat at Lahore---Revision petition was returned to petitioner for its filing before Rawalpindi Bench. Mian Muhammad Nawaz Sharif v. Sardar Farooq Ahmad Khan Leghari PLD 1996 Lah. 92 fol. Waheed Corporation Registered v. Capital Development Authority, Islamabad 1998 PTD 3863 and (unreported Judgment dated 26-2-2002) in F.A.O. No.308 of 1999 distinguished. ORDER CH. IJAZ AHMAD, J.---The brief facts out of which the present revision petition arises are that respondent filed suit for recovery amounting to Rs.34,50,000 in the Court of Senior Civil Judge, Islamabad who entrusted the same to Civil Judge 1st Class, Islamabad. The petitioner/defendant filed an application under Order XIV, Rule 2, C.P.C. on the ground that suit filed by the respondent against the petitioner was not maintainable in view of section 69(1) of the Partnership Act, 1932. The application was dismissed by the trial Court vide order dated 26-5-2004. The petitioner being aggrieved filed this revision and the following order was passed on 7-9-2004: "This petition was fixed on 3-9-2004 and following order was passed: `The petitioner has challenged the vires of order dated 26-5-2004 passed by Civil Judge, Islamabad through this revision petition, therefore, learned counsel of the petitioner is directed to argue the case whether this revision petition is maintainable or not under the law.' Learned counsel of the petitioner has not advanced arguments qua maintainability of revision petition at principal seat in view of High Courts (Establishment) Order (Punjab) Amendment Ordinance and Rules framed thereunder. Therefore, learned counsel of the petitioner is…

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