Dr. ARIF DAWOOD HAREKAR vs SEA BREEZE PRIVATE LIMITED Ss — 2022 MLD 51 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 MLD 51 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: Dr. ARIF DAWOOD HAREKAR vs SEA BREEZE PRIVATE LIMITED Ss
Subject matter: Criminal
Provisions referred to: S. 12; S. 21

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Dr. ARIF DAWOOD HAREKAR VS SEA BREEZE PRIVATE LIMITED Ss.21, 47 & O.XXI, R.29---Objections to jurisdiction---Questions to be determined by the Court executing decree---Stay of execution proceedings pending suit between decree-holder and judgment-debtor---Scope---Petitioner assailed the dismissal of his applications whereby he had sought to explain his indolence and had agitated that the judgment and decree had been wrongly passed, hence, the execution proceedings be stopped pending decision of the point raised in the application---Validity---Petitioner in his written statement had half-heartedly contested the proceedings---Against the impugned judgment and decree, the petitioner had preferred not to file any appeal rather had filed an application under S.12(2), C.P.C., which was dismissed for non-prosecution and no application for its resurrection was filed either---Sole point agitated in the matter before High Court was that the trial court lacked territorial jurisdiction, hence, the judgment and decree was nothing but nullity---Since the petitioner had himself submitted to the jurisdiction of the trial Court and had not raised any objection at the relevant point of time, no objection as to the place of suing could be raised either at the appellate or revisional stage---Bare perusal of the S.21 of C.P.C. reflected that if the objection as to the territorial jurisdiction was not raised before the Court of first instance the same could not be taken before the superior forums---Constitutional petition was dismissed.

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