| Citation(s) |
|---|
| 1976 SLG 348 1976 SLD 348 1976 SCMR 467 |
Supreme Court of Pakistan
Civil Petition for Special h gave to Appeal No. 372 decided on 8th March 1974
HAMOODUR RAHMAN C.J. AND MUHAMMAD GUL, J
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Civil Petition for Special h gave to Appeal No. 372 decided on 8th March 1974
HAMOODUR RAHMAN C.J. AND MUHAMMAD GUL, J
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ABDUR RAHMAN BABAR
VS
FARHAT JABEEN
Law:
Section:
Civil Procedure Code (V of 1908)- ---- S. 24 and O. XLVII, r. I-Transfer of civil suit-Review-Petitioner's transfer application being dismissed by High Court, application of review of such order subsequently filed but rejected there being no "discovery of new and important matter" or "mistake or error apparent on the face of the record"-Real grievance in Supreme Court transpiring to be against order of High Court dismissing transfer application Petition being barred by limitation in relation to first order of High Court arid no application for condonation of delay having been made, petition dismissed.- [Limitation-Review]. ORDER MUHAMMAD GUL, J.-This petition is from the order of the learned Chief Justice of the Lahore High Court dated 21-6-1973, by which be rejected a petition for the review of his earlier order dated 29-5-1973, dismissing a petition by the petitioner for the transfer of the two suits between the parties herein, and pending in the Family Court at abort. The petitioner and the respondent are man and wife. Owing to matrimonial disputes between them, the respondent herein filed Sue No. 38-FC/72 (Farhat Jabeen v. Abdul Rehman) in the Court of Mr. Salamat Ali, Judge, Family Court at Lahore, for the dissolution of her, marriage with the petitioner. A counter Suit No. 125-FC/72 was filed in the slime Court by the petitioner herein for the restitution of conjugal lights against the respondent. The petitioner not being satisfied with tale conduct of the proceedings in the two suits, applied in the Court of the learned District Judge for the transfer of the two suits to another Court at Lahore. The petitioner's main grievance was that the learned Judge of the Family Court had improperly allowed the respondent herein to give up a number of witnesses in bar suit for the dissolution of marriage thereby depriving' the petitioner herein who being defendant in that suit was deprived of the of opportunity to have certain documents proved by them, upon which he intended to rely or otherwise to woos-examine…
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