Law: Civil Procedure Code (V of 1908)

Section: 24

Civil Procedure Code (V of 1908)--- ----S. 24---Transfer of suit---Application for---Suit filed by the Bank in Banking Court at place "G", had been sought to be transferred to High Court---Counsel for plaintiff Bank had contended that suit filed was earlier in time; and that the parties and issues were not common and mortgagors/guarantors were not party to the suit---Bank had sued on the basis of finance, while applicants had sued inter alia for damages---Held, it would not be appropriate to transfer the suit to the High Court as common or consolidated trial because of the absence of the said parties in the suit filed by the applicants, would not be possible---Transfer application was dismissed. THIS ORDER PASSED BY: MAULVI ANWARUL HAQ, J.--- Transfer of a suit filed by respondent-Bank (Annex-A) pending before learned Judge Banking Court, Gujranwala to this Court is being sought where COS No.42-07 (Annex-B) filed by the petitioners is pending. 2. Learned counsel for the petitioners with reference to the case "Messrs First Women Bank Limited v. Registrar, High Court of Sindh Karachi and 4 others" (2004 SCMR 108) contend that the said suit at Gujranwala is liable to be transferred to this…

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