Case Details

Citation(s)
2015 SLG 1157 2015 SLD 1157 2015 PLJ 674
Lahore High Court
I.C.A. No. 1 of 2015 in T.A. No. 35 of 2014, heard on 11.02.2015.
ATIR MAHMOOD, JUSTICE, SHAHID BILAL HASSAN, JUSTICE
Mr. Hameed-uz-Zaman, Advocate for Appellant. Mr. Muhammad Atif Qureshi, Advocate for
Respondents.

MST. AMMARA TASNIM BHUTTA

VS

MST. KHALIDA MUNIR AND ANOTHER

Law:

Section:

Civil Procedure Code, 1908 (V of 1908)-- ----S. 24--Law Reforms Ordinance, 1972, S. 3--Intra Court Appeal--Application for transfer of suit--Being member of bar association is influencing Court proceedings--Maintainability of I.C.A.--Report of Civil Judge--Validity--Appellant being an advocate of bar is threatening and exerting pressing on Court through office bearers of bar, therefore, he requested for transfer of the case from his Court to any other Court--High Court has vast power to transfer case from one Court to another subordinate to it under Section 24, CPC as such while accepting transfer application, single bench has committed no illegality or acted against law--High Court has passed order under provision of law in supervisory jurisdiction and not in original civil jurisdiction--Provisions of Section 3 of Law Reforms Ordinance, 1972 are not applicable in instant case, as such ICA was not maintainable. 2001 CLC 1319; 2004 MLD 1615; 1991 SCMR 1887 and 1989 SCMR 818 rel. THIS JUDGMENT DELIVERED BY: Atir Mahmood, J.- By way of filing the instant Intra-Court Appeal, appellant Mst. Ammara Tasnim Bhutta, Advocate has called in question vires of order dated 08.01.2015 passed by learned Single Judge in Chamber whereby T.A. No. 35/2014 filed by the respondent was allowed. 2. Succinctly stated the facts of the case are that the respondent filed application for transfer of suit titled 'MunirAhmad v. Ammara Tasnim Bhutta' and Contempt Petition titled 'Mst. Ammara Tasnim Bhutta vs. Mst. Khalida Munir from the Court of learned Civil Judge Ahmedpur East to any other Court of competent jurisdiction at Bahawalpur on the ground that the appellant (the respondent in the Transfer Application) being a practicing lawyer and member of the bar at Tehsil AhmadpurEast is influencing the Court proceedings, as such, free trial thereat, the respondent asserted, was not possible. The appellant contested the application. Learned Single Judge sought report from the concerned Court which supported version of the respondent. Learned Single Judge accordingly accepted the transfer application vide impugned order. Hence this ICA. 3. Learned counsel for the appellant inter alia contends…
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