SARFRAZ HUSSAIN vs SARDAR BIBI
The petitioner sought leave to appeal against the dismissal of his application under Section 24 of the Code of Civil Procedure 1908 for the transfer of a suit for recovery of dower from Lahore to Chakwal. The parties had previously consented to the transfer of earlier matrimonial suits between them to Lahore, which suits were disposed of in 1991. The petitioner contended that his consent in those previous, concluded proceedings could not serve as a valid ground for rejecting the transfer of a subsequently filed suit where both parties permanently reside in Chakwal and no cause of action arose in Lahore. The Supreme Court of Pakistan examined the matter and granted leave to appeal, while also ordering a stay of proceedings in both suits.
- Can consent given for the transfer of previous matrimonial suits preclude a party from seeking the transfer of a subsequently filed suit?
- Is previous consent in disposed of litigation a valid ground for rejecting a transfer application under Section 24 of the Code of Civil Procedure 1908?
- Section 24, Code of Civil Procedure 1908
ORDER
SALEEM AKHTAR, J.---The petitioner seeks leave to appeal against the judgment of the learned Judge in Chambers whereby his application under section 24, C.P.C., for transfer of the case filed by the respondent at Lahore to Chakwal was dismissed.
2. As dispute between the petitioner and respondent arose, the former filed suit for restitution of conjugal right while the respondent filed suit for maintenance and suit for dissolution of marriage at Multan. Both the parties filed transfer application but with their consent all the three suits were transferred to the Court of Senior Civil Judge/Judge, Family Court, Lahore. Those suits were disposed of in 1991. The respondent filed suit for recovery of dower at Lahore alleging that the petitioner is residing there. The petitioner also filed suit for recovery of jewellary and clothes at Chakwal. He applied for transfer of respondent's suit to a competent Court at Chakwal as both the parties permanently reside at Chakwal, no part of cause of action had arisen at Lahore and that 'it will be convenient to the parties and their witnesses. The application was dismissed on the ground that earlier in their matrimonial disputes the parties had agreed for trial of their suits at Lahore.
3. The learned counsel contended that petitioner's consent in previous suits which have been disposed of cannot be a ground for rejecting application for transfer of suits filed subsequently.
Leave is granted.
The proceedings in both the suits are stayed.