Law:

Section:

Civil Procedure Code (V of 1908)-------Ss. 21 & 24---Transfer of suit---Objection to jurisdiction of Court---Matter involving transfer of suit, was to be governed by S.24, C.P.C.---Express bar existed in law against trial of suit to which public officers were parties at a place other than Headquarter of the District---No exception could be taken to impugned order of transfer of suit---Act of the Court should not cause prejudice to any of the parties, but Courts were governed in the matter of jurisdiction vesting in them by law---Even consent of parties or for that matter a wrong order of the court would not confer jurisdiction which otherwise was not vesting in a court of law. Khalil-ur-Rehman v. Town Committee Rabwah through Chairman PLD 1990 SC 792 ref. Ch. Muhammad Hussain Jehanian for Appellant. ORDER MAULVI ANWARUL HAQ, J. --- To decide this F.A.O. reference to the pleaded facts is not necessary. Suffice it to say that on 4-11-1989 the appellant filed a suit against the respondents as well as the Province of Punjab. The suit was instituted in the Court of a learned Senior Civil Judge, Sahiwal and was entrusted to a learned Civil Judge at Sahiwal. Vide order; dated 23-5-1991 the said learned Court deleted the Province of Punjab from the array of defendants. Notwithstanding the fact that respondents Nos.21 and 22 i.e. Tehsildar Chichawatni and Patwari Halga were parties, the learned District Judge, Sahiwal by means of an administrative order transferred the case to Chichawatni. Vide judgment and decree, dated 27-10-1998 a learned Civil Judge, 1st Crass at Tehsil Chichawatni decreed the suit. Some of the private respondents filed a first appeal against the said judgment and decree. It was heard by a learned Additional District Judge at Chichawatni, who found that since the said public servants were parties to the case, it could not have been heard at the Tehsil Headquarter. The matter was accordingly referred to the learned District Judge, Sahiwal for entrustment of the suit to a competent Civil Judge at Sahiwal. This was done vide judgment and decree 19-3-2003. 2. Learned counsel for the appellant contends that his client could not be made to suffer for…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492