Law:

Section:

(a) Civil Procedure Code (V of 1908)-- ---Ss. 23 & 24---Lahore High Court (Establishment of Benches) Rules, 1981, R.5---Transfer of suits from one subordinate Court to another ---Competency--­Transfer applications of case pending before subordinate Court in Rahimyar Khan to a similar Court in Islamabad, were technically not maintainable as after the establishment of the Benches of Lahore High Court at "Bahawalpur" and "Rawalpindi" the applications seeking transfer of proceedings from a subordinate Court in an area assigned to a Bench to another subordinate Court in the area assigned to another Bench do not lie under the C.P.C. but under the Lahore High Court (Establishment of Benches) Rules, 1981. (b) Civil Procedure Code (V of 1908)- ---Ss. 22 & 24---Lahore High Court (Establishment of Benches) Rules, 1981, Rr.3 & 5---Transfer application of case pending before Subordinate Court at place Rahimyar Khan to a similar Court at Islamabad---Such applications were not technically maintainable after the establishment of the Benches of Lahore High Court at Bahawalpur and Rawalpindi ---Applications seeking transfer of proceedings from a subordinate Court in an area assigned to a Bench to another subordinate Court in the area assigned to another do not lie under the Civil Procedure Code, but under the Lahore High Court (Establishment of Benches Rules), 1981 such transfer were permissible---held: Invocation of not the relevant provision but an old provision need not necessarily lead to refusal of relief if otherwise justice would so demand. (c) Lahore High Court (Establishment of Clenches) Rules, 1981-- - ---Rr. 3 & 5---Dispute relating to rights of inheritance between widow and her father in law---Transfer of suits from one subordinate Court to another--­Balancing the parties---A young widow living with parents at Rahimyar Khan and the old father-in-law living at Islamabad, it was clear that the widow was likely to lose heart and her rights, if she were to come to Islamabad, whereas father-in-law was not likely to lose much if he were to come to Rahimyar Khan---Thus ends of justice would be better served if all the cases were heard at Rahimyar Khan. where…

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