Law: Civil Procedure Code (V of 1908)

Section: 94, 24

(a) Civil Procedure Code (V of 1908)  S. 94Stay of proceedingsTwo cross suits pending at two different placesPending decision of transfer application, High Court ordering stay of proceedings in both suits Notwithstanding stay order ex parse decree passed in one suit Ex parte decree, held, ultra vires and passed without jurisdictionSuit wherein ex parse decree passed, further held, cannot be said to be not pending. Karam Ali and others v. Raja and others P L D 1949 Lah. 100 rel. (b) Civil Procedure Code (V of 1908)  S. 24Transfer of suit'Two suits involving common questions of law and factsBoth suits, held, necessarily to be consolidated and decided by one Court.[Transfer :if civil suit]. Date of hearing : 7th April, 1980.                                                                                                                     JUGDMENT The petitioner filed this petition on 11th February, 1980 for transfer of" the respondent's suit for restitution of conjugal rights from the Court of Mr. Asad Raza. Judge Family Court, Toba Tek Singh to the Court of Mr. Muhammad Nasim Akhtar Khan. Judge Family Court, Lahore  where her own two suits, one for dissolution of marriage and the other for maintenance were pending. This case was admitted to regular hearing, on 16th February, 1980 when an order was passed staying proceedings in both the suits meaning thereby the suit for restitution of conjugal rights as welt as the suit for dissolution of marriage. Notwithstanding this order, the learned Family Court, Toba Tek Singh passed an ex parte decree on 20th February, 1980 against the petitioner in the suit for restitution of conjugal rights. It is on the basis of this decree that this petition is opposed by the learned counsel for the respondent on the ground that since there is no suit pending there is nothing to be transferred. 2. Learned counsel for the…