Law: Civil Procedure Code (V of 1908)

Section: O.I,R.10

Law: Civil Procedure Code (V of 1908)

Section: O.I,R.10

(a) Civil Procedure Code (V of 1908)-------O. I, R. 10---Transposition of parties---Powers of court stated. In appropriate cases, transposition of the parties may be made, but for that reason each case and its facts have to be examined separately with aims and objectives as to what purpose will be served in case of transposition of parties. Pir Khan v. Military Estate Officer PLD 1987 SC 485 and Delhi Mercantile Cooperative Society Ltd. v. Registrar Cooperative Societies 2011 YLR 2121 ref. Central Government of Pakistan and others v. Suleman Khan and others PLD 1992 SC 590 and Rafaqat Ali v. Government of the Punjab and others PLD 1998 Lah. 441 rel. (b) Contempt of Court--- ----Application for initiation of contempt proceedings---Non-compliance with order of court by contemnor during pendency of suit---Disposal of suit by court subsequently---Effect---Matter of contempt being between court and contemnor, court despite disposal of suit might examine whether its order had been complied with or flouted by contemnor and whether he should be tried or not---Court after hearing both parties would frame issues, if any case for contempt was made out---Court kept such application pending for its decision in accordance with law. Khawaja Shams-ul-Islam for Plaintiff. Ahmed Ali Ghumro for Defendants Nos.1 to 4. Imdad Mughal, Section Officer (Technical) Cooperation Department. Faisal Siddiqui for Defendant No.5. Haseeb Jamali for Defendant No.6. Irfran Aziz for Intervenor. Dates of hearing: 24th April, 9th 15th and 24th May, 2013. JUDGMENT MUHAMMAD ALI MAZHAR, J.--- The plaintiff has filed this suit for declaration, direction, cancellation and injunction whereby two notifications issued by the defendant No.4 on 17-5-2012 under subsections (2) and (2-A) of section 6 and another notification issued under section 7 of the Sindh Cooperative Housing Authority Ordinance, 1982. 2. The brief facts of the case are that the plaintiff is cooperative society, registered under the Cooperative Societies Act, 1925 and is also Union of 25 societies. The plaintiff is functioning under its own byelaws and also performing their functions in accordance with Cooperative Societies Act and the…

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