| Case ID |
008f23f4-396b-4660-acf1-a260241186ff |
| Body |
View case body. Login to View |
| Case Number |
Civil Transfer Application No.16 of 2008 |
| Decision Date |
Aug 25, 2008 |
| Hearing Date |
|
| Decision |
The High Court dismissed the transfer application, emphasizing that admitted documents should be prioritized over evidence yet to be produced. The court noted that if a competent court finds it lacks jurisdiction after evidence is recorded, the plaint may be returned to the concerned party to file before the appropriate court. The applicant is permitted to file a fresh application when a new cause of action arises. This decision reinforces the principle that jurisdictional matters must be addressed properly, and the parties should abide by the established legal framework. |
| Summary |
In the case of Civil Transfer Application No.16 of 2008, the Sindh High Court dealt with jurisdictional issues under the Financial Institutions (Recovery of Finances) Ordinance, 2001. The court upheld the principle that admitted documents take precedence in legal proceedings, a critical aspect for financial institutions and their clients. The ruling highlighted that if a competent court determines it lacks jurisdiction after reviewing evidence, the plaint should be returned, allowing the applicant to seek recourse in the appropriate court. This case underscores the importance of understanding jurisdictional boundaries and the procedures for transferring applications in financial disputes. Legal practitioners, especially those specializing in financial law, should take note of this precedent as it clarifies the handling of jurisdictional issues in similar cases, enhancing their strategic approach to litigation in financial recovery matters. |
| Court |
Sindh High Court
|
| Entities Involved |
|
| Judges |
AZIZULLAH M. MEMON, A.C.J.
|
| Lawyers |
Salim Salam Ansari,
Mrs. Samia Alam Khan Durrani
|
| Petitioners |
another,
Rana MUNEER AHMED
|
| Respondents |
ALZAMIN LEASING MODARABA
|
| Citations |
2008 SLD 2260,
2008 CLD 1347
|
| Other Citations |
Not available
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance, 2001
|
| Sections |
7(4)
|