Law: Civil Procedure Code (V of 1908)

Section: 24

Law: Law Reports Act, 1875

Section: 3

(a) Civil Procedure Code (V of 1908)------ ------S. 24-Power to transfer-Confined to cases pending in Courts of competent jurisdiction. Held, that before a valid order for transfer can be passed the suit or other proceeding must have been pending in a Court competent to try it. When reference is made in section 24 to a suit pending in a Court, it is assumed that the provisions of sections 15 to 20, Civil P. C. have been followed and that the suit has been instituted in a Court having both pecuniary and territorial jurisdiction to try it. Ledgard v. Bull I L R 9 All. 191 fol. Mst. Hasan Begum v. Mst. Zainab Bibi P L D 1955 Lah. 555 distinguished. Narain Das Gopal Das v. (Firm) Khunni Lai Lachmi Narain A I R 1934 All. 569 dissented from. Amir Chand v. Buti Shah A I R 1930 Lah. 195; Purna Chandra v. Dhone Kristo A I R 1914 All. 351 ; Askaran Baid v. Bhola Nath A I R 1918 Oudh 441 ; Ram Kumar Sheo Chand Rai v. Tula Ram Nathu Ram A I R 1923 Pat. 138 ; Pachaoni Awasthi v. Ilahi Bakhsh I L R 4 All. 478 ; Bibi Sairah v. Mst. Golab Kuar A I R 1919 Pat. 345 and Peary Lail Mozoomdar v. Komal Kishore Dassia I L R 6 Cal. 30 ref. (b) Law Reports Act (XVIII of 1875)------ ----S. 3-----Judicial opinions expressed in cases published by private Law Reports­ Entitled to respect. Section 3 of the Law Reports Act (XVIII of 1875) lays down that no Court shall be bound to hear cited, or shall receive or treat as an authority binding on it, the report of any case other than a report published under the authority of any Provincial Government; but the fact remains that findings of this Court published in other Law Reports are at the very least expressions of judicial opinion which are entitled to respect, and any subordinate Court which chooses to disregard such an expression of opinion merely because it is not published in the authorised Law Reports is treading on dangerous ground. JUDGMENT J. ORTCHESON. J.------The facts of this case are that on the 23rd of January 1954, one Ghulam Rasul Shah sold the land in dispute, measuring 39 kanals 9 marlas, in favour of Haji Faiz Muhammad defendant for an ostensible considera­tion of Rs. 1,200. On the 22nd of January 1955, Riaz Husain Shah…

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