Dr. MUHAMMAD BASHIR QASIM vs Mrs — 2023 MLD 275 KARACHI-HIGH-COURT-SINDH

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Dr. MUHAMMAD BASHIR QASIM VS Mrs. FARIDA BANO S. 24---Transfer application---Scope---Applicant filed a suit for specific performance and injunction at the original side of the High Court in the year 1989---Due to change in the pecuniary jurisdiction, the suit was transferred to Senior Civil Judge Karachi East in the year 1996, the suit was dismissed for non-prosecution---Applicant sought restoration of the suit and also filed an application seeking its transfer from District Karachi East to the competent court having jurisdiction in District Karachi South---Senior Civil Judge acknowledged that he did not have jurisdiction but returned the application for presenting it before the competent court in District Karachi South---Said order was challenged by the applicant in Civil Revision, which was allowed by Additional District Judge with the observations that the Senior Civil Judge had no jurisdiction to return the application or even to entertain the suit or dismiss it for non-prosecution; that the order of dismissal of the suit was "ineffective" due to lack of territorial jurisdiction and that instead of returning the application, the Senior Civil Judge should have made a reference to the District Judge Karachi East for transferring the suit to the court having jurisdiction in respect thereof---Applicant filed an application before the District Judge Karachi East seeking compliance of the order---Instead of deciding the application, the District Judge Karachi East "advised" the applicant to approach the "proper forum" for this purpose---Meanwhile, a person filed an application before the Senior Civil Judge as an intervener and when his application was fixed for hearing, the Senior Civil Judge once again dismissed the suit for non-prosecution---Applicant filed an application for restoration of the suit which was dismissed---Applicant filed appeal before the District Judge Karachi East against the dismissal of his application---Through present transfer application, the applicant sought transfer of his appeal from District Judge Karachi East to District Judge Karachi South---Held; Senior Civil Judge did not have the territorial jurisdiction to entertain or adjudicate upon the suit, as such, the orders passed by Senior Civil Judge were coram non judice and void---Suit ought to have been transferred in the first instance to the competent court in District Karachi South---High Court transferred the suit to the District Karachi South and directed the District Judge Karachi South to assign/transfer the same to the court in his district having territorial jurisdiction--- Transfer application was allowed.

Dr. MUHAMMAD BASHIR QASIM vs Mrs — 2023 MLD 275 KARACHI-HIGH-COURT-SINDH

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