Law:

Section:

Lahore High Court (Establishment of Benches) Rules, 1981--

---- Rr. 3, 5 & 6--Civil Procedure Code (V of 1908), S.151 --- Constitution of Pakistan (1973), Arts. 199 & 198 --- Petition under Rr.3 & 6, Lahore High Court (Establishment of Benches) Rules, 1981 read with S.151, C.P.C. for entertainment of Constitutional petition at the Principal Seat of the High Court --- Contention that provision of Rules framed under Art.198(6) of the Constitution laying down the procedure for filing petitions at the Principal Seat and the Benches could not abridge the jurisdiction of the Court to entertain at the principal seat a petition under Art.199 of the Constitution, notwithstanding the position that the controversy pertained to a cause of action arising within the jurisdiction of a Bench and that the suit had been mala fide filed by respondent at Bahalwainagar (Bahawalpur Bench) although the said respondent had its own business at Lahore --- Held, that regulation of institution of cases under Art.199 of the Constitution and hearing thereof at the benches and the principal seat through Rules in no manner would abridge the jurisdiction of High Court under Art.1.99 of the Constitution --- Petition which questioned the validity of orders of Courts functioning within the jurisdiction of Bahawalpur Bench, shall have to be filed at the Bench before the same could be asked to be transferred to the principal seat. 40 In the present case petition under Rules 3 and 6 of the Lahore High Court (Establishment of Benhces) Rules, 1981 read with section 151 of the Civil Procedure Code was filed for entertainment of the accompanying writ petition, at the Principal Seat.

It was contended that the provisions of rules framed under Article 198(6) of the Constitution of the Islamic Republic of Pakistan, 1973 laying down the procedure for filing of petitions at the Principal Seat and the Benches could not abridge the jurisdiction of the Court to entertain at the Principal Seat a petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, notwithstanding the position that the controversy pertained to a cause of action arising within the jurisdiction of a bench and that the suit had been mala fide filed by respondent at BahawaInagar although the said respondent had its own business at Labor-.