IRFAN WAHID vs LUCKY CEMENT LIMITED Ss — 2022 PLD 69 KARACHI-HIGH-COURT-SINDH

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IRFAN WAHID VS LUCKY CEMENT LIMITED Ss. 16, 17, & 120---Sindh Civil Courts Ordinance (II of 1962), S. 7---Sindh High Court and Civil Courts of Karachi District---Territorial jurisdiction---Suit for declaration, injunctions, recovery of possession---Respondent/plaintiff was granted three mining leases: "first lease" falling under the territorial limits of two districts (Karachi and Jamshoro); while "second lease" and "third lease" were falling under exclusive territorial limits of Karachi and Jamshoro, respectively---Single Judge of the High Court observed (vide impugned order) that suit regarding "first lease" could be filed at Karachi in view of S.17 of Civil Procedure Code, 1908---Single Judge had also partly returned the plaint of respondent/plaintiff regarding "third lease" for filing it before the competent Court at Jamshoro; and directedhim to amend plaint after deleting the irrelevant leases---Defendant filed appeal praying the said impugned order may be re-called/set aside, contending that according to S.7 of Sindh Civil Courts Ordinance, 1962, original jurisdiction of High Court at Karachi was confined to the Karachi District only---Validity---Single Judge had rightly returned the plaint under O. VII, R. 10 of Civil Procedure Code, 1908 in respect of "third lease" exclusively falling within territorial limits of District Jamshoro---Single Judge, regarding "first lease", opined that plaintiff was at liberty to choose any of the Courts where disputed land was situated for filing his suit---While entertaining a suit relating to immovable property emanating in Karachi having a value of more than pecuniary limit of ordinary civil Courts, the place of suing as determined under Ss. 16 & 17 of the Civil Procedure Code, 1908 would become immaterial and was not to be considered as under S.7 of Sindh Civil Courts Ordinance, 1962---Original side of Sindh High Court became the place of suing---Section 120 of the Civil Procedure Code, 1908 could be interpreted only in that manner---Impugned order did not require any interference---Appeal was accordingly dismissed.

IRFAN WAHID vs LUCKY CEMENT LIMITED Ss — 2022 PLD 69 KARACHI-HIGH-COURT-SINDH

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