FAWAD SALIM MALIK vs Mst — 2022 YLR 2304 KARACHI-HIGH-COURT-SINDH

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FAWAD SALIM MALIK VS Mst. SAMINA ANSARI Ss. 16, 20 & O.VII, R.10---Specific Relief act (I of 1877), Ss. 12, 42 & 54---Suit for specific performance of agreement to sell, declaration and injunction---Territorial jurisdiction---Return of plaint---Two cross suits were filed at place "K" as document was executed there, whereas suit property was situated at place "T"---Validity---Jurisdiction of Court was neither dependent upon wishes of parties nor consent of two or more could control such subject---Jurisdiction was always subject to Constitution or any other law relating to such question---Court could exercise any jurisdiction in any matter brought before it until and unless such jurisdiction was conferred upon it by the Constitution itself or under any law---If case fell squarely within meaning of S.16(d) of Civil Procedure Code, 1908, Court was not left with any discretion but to return the plaint for its presentation before the Court within whose jurisdiction property was situated---Execution of document at place "K" did not justify the plea that High Court had jurisdiction---Plaintiff was directly claiming rights and interest in immovable property situated at place "T"---Plaintiff did not challenge the document or its legality so executed at place "K" but had sought determination of his rights and interest in immovable property---Subject matter of both the two suits was the same and both the suits had already been consolidated by High Court---Suits were not maintainable before High Court and were liable to be returned for their presentation before the Court within whose local territorial jurisdiction the property was situated---High Court returned the plaints to plaintiffs who could file the same in the Court having jurisdiction---Plaint was returned in circumstances.

FAWAD SALIM MALIK vs Mst — 2022 YLR 2304 KARACHI-HIGH-COURT-SINDH

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