SHER ALI KAKAR vs The DIRECTOR GENERAL SPORTS, GOVERNMENT OF BALOCHISTAN, AYUB STADIUM, QUETTA Ss

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SHER ALI KAKAR VS The DIRECTOR GENERAL SPORTS, GOVERNMENT OF BALOCHISTAN, AYUB STADIUM, QUETTA Ss.9, 20 & O.VII, R.10---Specific Relief act (I of 1877), Ss.42 & 54---Suit for declaration and permanent injunction against a public functionary---Trial Court returning the plaint due to lack of territorial jurisdiction---Jurisdiction of civil court---Exercise of jurisdiction by civil courts against mala fide acts of public functionaries despite statutory bar---High Court remanding the matter to Trial Court to record evidence and decide the matter on merits---Brief facts were that the petitioner filed a civil suit seeking declaratory and injunctive relief before the civil court at Quetta, relating to matters of the Balochistan Squash association (BSa), of which he had previously held office---During the proceedings, it emerged that the Pakistan Squash Federation (PSF) held its 43rd annual General Meeting and that subsequent elections and organizational steps concerning BSa were conducted there---Notices were issued, written statements were filed, and issues were framed by the Trial Court---The Trial Court ultimately returned the plaint under O.VII R.10, C.P.C. on the ground that the impugned meeting and related actions occurred at Islamabad, outside its territorial jurisdiction---appellate court upheld Trial Court's order---The petitioner then filed the present constitutional petition challenging the orders of the courts below---Held: Trial Court after considering that controversy, was required to decide the suit by recording of evidence, the provisions of O.VII, R.10, C.P.C. could not be pressed into service to non-suit the petitioner---When an action of the public authority was stated to be without jurisdiction and void, the plaintiff was within his rights to maintain suit before civil court under S.9 of the C.P.C.---Where a statute provided an alternate remedy or forum, then, if the act of public functionary was statedly mala fide, void or without jurisdiction, then the general jurisdiction of a civil court under S.9 of the C.P.C. was not barred---Courts below failed to appreciate the facts of the case in light of relevant law provisions---Orders passed by courts below were set aside and the matter was remanded to the Trial Court for affording opportunity of leading evidence to the parties for decision on merits---Constitutional petition was allowed, in circumstances.

SHER ALI KAKAR vs The DIRECTOR GENERAL SPORTS, GOVERNMENT OF BALOCHISTAN, AYUB STADIUM, QUETTA Ss — 2026 PLD 50 QUETTA-HIGH-COURT-BALOCHISTAN

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