Law: Civil Procedure Code (V of 1908)

Section: 24 , 15

Civil Procedure Code (V of 1908)---

----S. 24---High Court (Lahore) Rules and Orders, Vol. I, Chap. 13---Punjab Civil Courts Ordinance (II of 1962), S. 15---Transfer of suits---Power to distribute business---Scope---Grievance of the petitioner was that Civil Judge was not competent to entertain the suit under O. XXXVII, C.P.C. filed by respondent and instead of making reference to the District Judge, the Civil Judge should have returned the plaint to the respondent---Second objection of the petitioner was that the District Judge illegally entertained the reference and entrusted the case to an Additional District Judge---Validity---Under Chapter 13, Volume I of the High Court (Lahore) Rules and Orders, the Civil Courts were competent to make a reference of a case to superior authority for its entrustment to any other Court of competent jurisdiction---No illegality had been committed by the Civil Judge and further by way of these proceedings, no prejudice had being caused to the petitioner---District Judge under S. 15 of the Punjab Civil Courts Ordinance, 1962, was competent to entrust / distribute the cases among the Courts of competent jurisdiction---Under S. 24, C.P.C., the District Judge on the application of any of the parties and after notice to the parties or of his own motion, without such notice, could transfer any case or withdraw any case or appeal, etc pending before court subordinate to it---Constitutional petition was dismissed.

Sh. Abdul Majid v. Syed Akhtar Hussain Zaidi PLD 1988 SC 124 rel.