Law: Civil Procedure Code (V of 1908)

Section: 24

The High Court dismissed Mst. Nafisa Razi’s Civil Transfer Application under Section 24, Civil Procedure Code (CPC), seeking transfer of Civil Suit No.1330/2025 from the XIIth Senior Civil Judge, Karachi-Central, to the XIth Senior Civil Judge, Karachi-East. The applicant argued her related suits for administration and recovery (Civil Suits Nos. 2626/2024 and 6826/2025) were pending before the XIth Court and that she had applied under Order I, rule 10, CPC to be added as plaintiff in the subject suit; relying on Diwan Azmat Said Muhammad v. Haji Bakhtiar Said Muhammad, she contended an applicant under Order I, r.10 counts as a “party” for Section 24 purposes. The respondents countered that the applicant is only an intervenor whose Order I, r.10 application remains undecided and thus lacks locus to move for transfer, citing Sindh Industrial Trading Estates v. Mst. Qamar Hilal. The Court held that Section 24, CPC grants transfer power to the High Court or District Court but only on application by a “party,” and under Order I, rules 1, 3 and r.10(2) CPC a person does not become a party until the trial court formally adds them. Rule 10(2), Order I allows the court to add persons “who ought to have been joined” but the mere filing of an application under that rule does not confer party status. Therefore, since Nafisa Razi’s application to be added as plaintiff was still pending, she was not a party and had no locus standi to maintain the transfer application; the Civil Transfer Application and the pending application were dismissed. O R D E R ZAFAR AHMED RAJPUT, CJ.- Through the instant Civil Transfer Application, filed under section 24 of the Civil Procedure Code, 1908 (“CPC”), applicant, Mst. Nafisa Razi, through her attorney/husband Razi Farooqi, seeks transfer of Civil Suit No.1330/2025 (Old H.C. Suit No.574/ 1996) [Re: M/s. Munawar & Company Pvt. Ltd. vs. KDA & others] (the “subject Suit”) from the Court of XIIth Senior Civil Judge, Karachi-Central (the “Trial Court”) to the Court of XIth Senior Civil Judge, Karachi-East. Learned counsel for the applicant contends that…