| Case ID |
f8504609-b0f8-47de-bd88-6688cb846952 |
| Body |
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| Case Number |
Transfer Applications Nos. 296-C to 299-C and 350- |
| Decision Date |
May 29, 1990 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the transfer applications filed by Muhammad Riaz Chughtai, seeking to transfer five suits filed against him to Lahore. The court found no justification for transferring the suits, as they involved different transactions and would cause undue hardship to the plaintiffs and their witnesses. The court held that the suits should remain in their respective jurisdictions, emphasizing that the convenience of the plaintiffs and the legal process must be prioritized. Thus, the applications for transfer were denied, reinforcing the principle that the location of litigation should align with the context of the disputes and the parties involved. |
| Summary |
In the Lahore High Court case involving Transfer Applications Nos. 296-C to 299-C and 350-C of 1989, the petitioner Muhammad Riaz Chughtai sought the transfer of five suits filed against him in different jurisdictions to Lahore, where he resided. The suits were based on different transactions, and the petitioner argued that the transfers were necessary to avoid harassment. However, the court found that such transfers would inconvenience the plaintiffs and their witnesses significantly. The judges concluded that the cases should remain in their original jurisdictions to uphold the integrity of the legal process and minimize the burden on all parties involved. This case underscores the importance of jurisdictional considerations in civil litigation and the balance between convenience for the defendant and the rights of the plaintiffs. Key legal principles regarding the transfer of suits under the Civil Procedure Code were applied, emphasizing that the interests of justice must prevail. This decision is relevant for understanding the court’s approach to transfer applications and the implications for litigants facing multi-jurisdictional disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ILYAS, J
|
| Lawyers |
Sh. Muhammad Sabir,
Mirza Khalid Saeed Baig
|
| Petitioners |
MUHAMMAD RIAZ CHUGHTAI
|
| Respondents |
Sufi ALLAH BACHAYA
|
| Citations |
1991 SLD 1626 = 1991 CLC 102
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code
|
| Sections |
24
|