| Case ID |
08b42def-21e7-43fa-a360-5947b63c9735 |
| Body |
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| Case Number |
Civil Petition No. 1248-L of 1994 |
| Decision Date |
Nov 15, 1995 |
| Hearing Date |
Nov 15, 1995 |
| Decision |
The petitioner sought leave to appeal against the dismissal of his application for transfer of the case filed by the respondent from Lahore to Chakwal. The Supreme Court found merit in the petitioner's argument that his prior consent in previous matrimonial suits could not be the sole basis for denying his current application for transfer. The Court granted leave to appeal, stayed the proceedings of both suits, and highlighted the importance of convenience for the parties involved in the legal process. |
| Summary |
In the case of Civil Petition No. 1248-L of 1994, the Supreme Court of Pakistan addressed the issue of transferring a suit filed by the respondent from Lahore to Chakwal. The petitioner, SARFRAZ HUSSAIN, argued that previous agreements regarding the venue of their matrimonial disputes should not bar the current application for transfer. The Court, presided over by judges SALEEM AKHTAR and SH. RIAZ AHMAD, recognized the significance of the petitioner's claims regarding convenience and the location of both parties. This case underscores the legal principles surrounding the transfer of suits under the Civil Procedure Code and the constitutional provisions related to appeals. The decision emphasizes the need for courts to consider the practical implications of their rulings on the parties involved, ensuring that justice is served effectively and efficiently. This ruling may have implications for future cases where venue agreements are in question, highlighting the evolving nature of family law and civil procedure in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SALEEM AKHTAR,
SH. RIAZ AHMAD
|
| Lawyers |
Syed Farooq Hasan Naqvi,
Mahmood A. Qureshi
|
| Petitioners |
SARFRAZ HUSSAIN
|
| Respondents |
SARDAR BIBI
|
| Citations |
1997 SLD 676 = 1997 SCMR 917
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
24,
Art. 185(3)
|