HABIB SUGAR MILLS LTD. vs PROVINCE OF SINDH Ss — 2024 PLD 446 KARACHI-HIGH-COURT-SINDH

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

HABIB SUGAR MILLS LTD. VS PROVINCE OF SINDH Ss. 20, 120 & O.VII, R.10---Constitution of Pakistan, Art. 199---Specific Relief Act (I of 1877), Ss.42 & 54--- Suit for declaration and permanent injunction---Suit to be instituted where part of cause of action arises---Scope---Amendment in the Agricultural Produce Market Rules, 1940, enhancing market/license fee at place "K"---Demand of these fees at the enhanced rate was made at place "S"---Objection was raised by the defendant that High Court at "K" had no territorial jurisdiction to adjudicate upon the matter in issue since the cause of action arose at place "S"---Contention of the plaintiff was that since part of cause of action arose at "K" and the amendment in the rules took place at "K", therefore, suit was maintainable at "K" under S.20(c), C.P.C.---Validity---High Court ruled that if the contention of the plaintiff was to be accepted, then all suits emanating anywhere in Sindh seeking a declaration in respect of a provincial statute could be brought to "K" from where the statutes were usually notified---Suits emanating anywhere in Sindh seeking a declaration in respect of a federal statute could also be filed at Islamabad, which was not the intent of S.20(c), C.P.C.---Word "arises" in S. 20(c), C.P.C. is significant for the reason that when a statute comes into operation, it is for all the territory for which it is enacted, and therefore, the place of its enactment or notification would not figure into S.20(c), C.P.C. as the place where the cause of action "arises"---In such cases what is intended by S.20(c) is the place where the statute affects the rights of the plaintiff so as to give him a cause of action to sue, which in the case in hand was "S" and no part of the cause of action arose at "K"---Test of territorial jurisdiction of the High Court under Art. 199 of the Constitution is different and does not govern civil suits and S.120, C.P.C. is not relevant there---In the circumstances, Civil Court at "S" had territorial jurisdiction under S.20(c), C.P.C. to entertain the suit, therefore, plaint was returned to the plaintiff under O.VII, R.10, C.P.C.

HABIB SUGAR MILLS LTD. vs PROVINCE OF SINDH Ss — 2024 PLD 446 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2024 PLD