Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 24---Transfer of case---Pre-condition---Superior Court cannot pass an order of transfer of suit under S.24, C.P.C., unless the Court from which transfer of suit is sought to be made has pecuniary as well as territorial jurisdiction to try. Mst. Razia Shafi v. Major M.S. Malik PLD 1971 SC 247 rel. (b) Civil Procedure Code (V of 1908)--- ----Ss. 19, 24 & O.VII, R.10---Transfer of case---Principle---Defendant sought transfer of suit pending before Court at place "B" to Court at place "L"---Plea raised by defendant was that Court at place "B" had no jurisdiction to adjudicate upon the suit---Validity---Upon defendant's own showing, Civil Courts at place "B" did not have jurisdiction in the matter, therefore, application under section 24, C.P.C. was not competent---Defendant could first move application under O.VII, R.10, C.P.C. for return of plaint before Trial Court at place "B"---High Court directed Trial Court at place "B" to first decide question of territorial jurisdiction, if such application was filed---Application was dismissed accordingly. Mst. Razia Shafi v. Major M.S. Malik PLD 1971 SC 247 rel. THIS ORDER PASSED BY: MAMOON RASHID SHEIKH, JUSTICE:---.--- The instant petition has been moved by the petitioner under Section 24 read with Section 19 of the C.P.C. for transfer of the respondent's suit, against the petitioner, for recovery of Rs.25,00,000/-, as damages, entitled "Muhammad Yasin v. Dr. Shamshad Hussain Syed", pending in the Court of Mr. Malik Atif Bin Saeed, Civil Judge 1st Class, Burewala, District Vehari, to a Court of competent jurisdiction at Lahore. 2. The facts relevant for the present purposes are to the effect that the respondent has filed the afore - noted suit against the petitioner, the Chief Physician of Canal View Diagnostic Center, Lahore (the Center), inter alia, on the grounds that whilst conducting the Anti HCV test of the respondent's son (Muhammad Usman Naz) due to negligence and acts of omission and commission done by the petitioner and the Center the result of the respondent's son's said test was declared to be Anti-HCV "reactive" whereas tests done by various other…

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