Law: Civil Procedure Code (V of 1908)

Section: 24,O.VII,R.11

Law: Civil Procedure Code (V of 1908)

Section: 24,O.VII,R.11

`(a) Civil Procedure Code (V of 1908)-------S. 24---Application for transfer of civil suit, dismissal of---Remedy available against impugned action/order already availed---Effect---Applicant sought transfer of civil suit to any other court on the sole ground that judge had dismissed his application under O.VII, R.11, C.P.C. without providing him proper opportunity of rebuttal---Validity---Record showed that applicant had already sought remedy against the order of dismissal, by filing an appeal against it, which was also dismissed ,whereafter a revision application had been filed before the High Court, which was still pending---Applicant failed to show any reasonable cause and had also not raised any valid ground for seeking transfer of case, which was the requirement of S.24, C.P.C.---Application was dismissed accordingly. (b) Civil Procedure Code (V of 1908)--- ----S. 24---Transfer of civil suit---Scope---Dismissal of an interlocutory application as a ground for transfer of civil case---Validity---Such ground alone could not be a ground for seeking transfer of a case from one court to another, particularly when the remedy as provided under the law against dismissal of interlocutory order had already been availed by the aggrieved party by filing an appeal or revision against it. (c) Civil Procedure Code (V of 1908)--- ----S. 24---Transfer of civil suit---Pre requisites---Parties could not be allowed to seek transfer of a case from one court to another without showing sufficient cause or in the absence of any valid ground(s), as doing otherwise would tend to frustrate and cause delay in lawful proceedings pending before the competent court of jurisdiction and would also cause inconvenience to the other party without any fault on its part. Abdul Qayoom Pirzada for Applicants. Ch. Bashir Ahmed, Asstt. A.-G. Sindh for Respondents. ORDER AQEEL AHMED ABBASI, J.---Through instant civil transfer application the applicant who is defendant in First Class Suit No.25 of 2011 pending before the Senior Civil Judge Tando Muhammad Khan, has sought transfer of aforesaid suit from the above mentioned Court to any other Court on the sole ground that the learned Judge has…

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