Law: Civil Procedure Code (V of 1908)

Section: 24

SUMMARY The applicant, Mst. Nafisa Razi, filed a transfer application under Section 24 of the Code of Civil Procedure, 1908 (CPC) seeking transfer of Civil Suit No. 1330/2025 from the Court of XIIth Senior Civil Judge, Karachi-Central to the Court of XIth Senior Civil Judge, Karachi-East, on the ground that her related administration suits concerning the estate of her deceased parents were already pending before the latter court. She contended that she had filed an application under Order I Rule 10 CPC for impleadment in the subject suit and, therefore, was entitled to seek its transfer for a harmonious adjudication. The respondents opposed the application, arguing that since her impleadment application had not yet been allowed, she was not a party to the suit and lacked locus standi to invoke Section 24 CPC. The High Court dismissed the transfer application, holding that Section 24 CPC permits only a "party" to seek transfer of proceedings, and a person merely applying for impleadment under Order I Rule 10(2) CPC does not attain the status of a party until the court formally allows such application. Interpreting Order I Rules 1, 3 and 10(2) CPC together with Section 24 CPC, the Court ruled that the expression "party" refers only to persons already on the record as plaintiffs or defendants. Consequently, the applicant had no locus standi to maintain the transfer application, and the Court declined to follow the contrary view expressed in PLJ 1996 Lahore 1169, preferring the interpretation adopted in 2001 SCMR 1680. 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 the applicant‟s suits…