Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 39 & 42---Civil Procedure Code (V of 1908), S.24 & O.XXXVII, R.1---Transfer and consolidation of cases---Suit for recovery of money on the basis of negotiable instrument was filed by respondent and it was pending before District Court, while suit for cancellation of instrument was filed by petitioner and it was pending before Civil Court ---.--- APPELLANT filed application for transfer and consolidation of both the suits but the application was dismissed by District Judge---Validity---Subject matter of two suits was the same i.e. pronote and cheque and in case two suits were adjudicated separately there was likelihood of conflicting s---Since subject matter of two suits was the same, therefore, it was proper that they be consolidated and heard together despite the fact that those were at different stages of adjudication---District Judge while dismissing application under section 24, C.P.C. filed by petitioner, exercised jurisdiction with material irregularity---High Court, in exercise of revisional jurisdiction, set aside the order passed by District Judge and transferred the suit pending before Civil Court to District Court and both the suits were consolidated---Revision was allowed in circumstances. Zahid Zaman Khan v. Khan Afsar PLD 2016 SC 409; Sheikh Iqbal Hussain v. Anzar Hussain 2005 YLR 181 and Muhammad Yaqoob v. Behram Khan 2006 SCMR 1262 rel. THIS JUDGMENT DELIVERED BY: AAMER FAROOQ, JUSTICE:---.--- Through the instant petition, the Petitioner has assailed order dated 24.9.2016 whereby the application under Section 24 Code of Civil Procedure, 1908 for transfer and consolidation of suit filed by the Petitioner was dismissed. 2. The facts, in brief, are that respondent No.1 filed a suit for recovery of Rs.1500000/ against the Petitioner on the basis of a pronote dated 29.10.2011 and a cheque dated 2.3.2012 before the District Judge-West, Islamabad. In the suit conditional leave to appeal was granted to the Petitioner; whereafter evidence was led by the parties and case is at the stage of final arguments. The Petitioner filed a suit for cancellation of cheque dated 2.3.2012 and pronote dated 29.10.2011…

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