Law:

Section:

(a) Banking Tribunals Ordinance (LVHI of 1984). S. 4(2) --- Constitution of Pakistan (1973). Arts. 90, 99 & 199--­Constitutional petition --- Transfer of case from one Banking Tribunal to another Banking Tribunal in terms of Federal Govermnent's.Notification dated 25-4-1995, which was issued for distribution of work among Banking Tribunals --- Validity --- Federal Government in terms of S.4(2), Banking Tribunals Ordinance, 1984, has, power to transfer a case from one Tribunal to another --- Notification issued by Federal Government on 25-4-1995, ftilfilled requirements of S.4(2) of the Ordinance, whereby specified Banking Tribunal had been asked to distribute the work so that some cases should be tried by another Tribunal having equal jurisdiction --- Petitioner's case having been transferred in-pursuance of said Notification, Banking Tribunal transferring such case could not be deemed to have itself transferred such case instead of Federal Government --- Convenience of litigants and securing of speedy justice being the main considerations on which transfer of cases were effected, Federal Government could hot be deemed to have exercised jurisdiction in illegal manner --- Decision of a lis by a particular forum is not prerogative of a litigant--­Where'there were various forams of equal jurisdiction, 'Competent Authority would have power to transfer/distribute the cases from one forum to another and such act would, neither result in.causing prejudice to litigant nor any vested right to litigant would be adversely affected thereby --- Order of transfer of case was, thus, valid in circumstances. Adnan Afzal v. Capt. Sher Afzal PLD 1969 SC 187 and Nabi Ahmad and another v. Home Secretary, Government of Pakistan, Lahore and 4 others PLD 1969 SC 599 ref. (b) Administration of justice--- --- To have a lis decided by a particular forum is not a prerogative of a litigant. [p. 2431 B Adrian Afzal v. Capt. Sher Afzal PLD 1969 SC 187 and Nabi * Ahmad and another v. Home Secretary, Government of Pakistan, Lahore and 4 others PLD 1969 SC 599 ref. JUDGMENT Aziz-ur-Rehman, petitioner before this Court is a defendant, in a suit for recovery of Rs.2,34,539 with mark up and…

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