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1992 CLC 1071

Messrs PAKISTAN NATIONAL SHIPPING CORPORATION vs Messrs UNITED

Citation1992 CLC 1071
CourtSindh High Court
Case No.Transfer Application No,19 of 1991,
Date1991-09-08
Judge(s)Saeeduzzaman Siddiqui
ResultOrder accordingly

ORDER

1. ' Today only Miscellaneous Application is fixed for hearing but with the consent of learned counsel for the parties I have taken up the main petition which is disposed of as follows:- ' The petitioner has prayed for transfer of various suits instituted against them which are pending in different Courts in Karachi to any one Court to facilitate their trial. A preliminary objection has been raised by the learned counsel for the respondents jointly, to the maintainability of the above petition on the ground that the subject-matter of each suit is different and, therefore, the petitioner should have filed as many transfer applications as there are pending suits. On merits also the petition is opposed and it is contended by the learned counsel for the respondents that there is no justification for transfer of all the suits to one Court as this stage of proceedings and the claim involved in the suits may be different. It is true that under the rules of procedure the petitioner should have filed separate transfer applications in respect of each proceedings but by joining the prayer for transfer of all the suits in one application neither any principle of natural justice has been violated, nor it has resulted in any prejudice to the respondents. It is admitted before me that all the pending suits relate to recovery of damages for loss of consignment imported by different assignees on the ship M.V. Multan owned by the petitioner. It is also admitted before me that the petitioner, who is defendant in all the pending suits has raised common defence. In these, circumstances trial of all the pending suits by one Court will not only be convenient but will be in the interest of justice. The petitioner has mentioned in paragraphs 3 and 4 of his petition the particulars of suits pending against them in the subordinate Courts and the High Court. However, at the hearing of the petition the petitioner did not press his application is respect of suits pending in this Court as these suits were still unripe. He, however, pressed the prayer for transfer of all the suits mentioned in para. 3 of the petition to one Court.

2. ' Out 0. The suits mentioned in paragraph 3 of the petition, Suits No, 1519/88 and 1513/88 have already been disposed of and against the judgment and decree in these suits appeals arc pending and as such the transfer application in respect of these two suits is misconceived.

3. ' Suits Nos. 1511/88, 1811/88 and 1520/88 are stated to be ending before the 2nd Senior Civil Judge, Karachi (West) while rest of the suits are pending before the 3rd Senior Civil Judge Karachi (West).

4. Since majority of the suits mentioned in paragraph 3 of the application are pending trial before the 3rd Senior Civil Judge, Karachi (West) L direct that Suits Nos.1511/88,1811/88 and 1520/88 which are stated to be pending in the Court of 2nd Senior Civil Judge, Karachi (West), are transferred to the file of 3rd Senior Civil Judge, Karachi (West) for trial and disposal according to law. The petitioner also prayed for consolidation of all the suits on the ground that their evidence in the suits will be common. The petitioner, if so advised, may make this prayer to the trial Court for consideration. The main case and the Miscellaneous Applications are disposed of accordingly,

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