Law:

Section:

Civil Procedure Code (V of.1908)------O. VII, R. 10 & S.115---Return of plaint---Trial without jurisdiction--­Despite the fact that Trial Court had reached the conclusion that the Court had no jurisdiction, the plaint was not returned to the plaintiff rather the suit was decreed and the was upheld by Lower Appellate Court--­Validity---Where at any stage of the suit, the Trial Court had arrived at a decision that suit should have been instituted in any other Court having jurisdiction, the mandatory procedure proceeded under O.VII, R.10, C.P.C. was attracted---Duty of Trial Court, under tile circumstances, was to return presentation to the proper Court---Course prescribed by law had neither been followed by Trial Court nor by Appellate Court- --Appellate Court had acted and exercised jurisdiction beyond what Was vested by law in it and had acted with material irregularity---Judgment and decree passed by Lower Appellate Court was set aside and the plaint was returned for presentation before the Court of competent jurisdiction---Revision was allowed by High Court accordingly. Elahi Bux v. Noor Muhammad PLD 1985 SC 41; Muhammad Ali v. Muhammad Shafi PLD 1996 SC 292 and Twaha v. M.V. Asian Queen­ PLD-1982 Kar. 749 ref. JUDGMENT This Revision Application is directed against the judgment and decree, dated 27-10-1999 passed in Civil Appeal No. 199 of 1996 by VIIth Additional District and Sessions Judge, Karachi East dismissing the appeal against judgment and decree, dated 6-8-1996 in Suit No.1628 of 1985 by VIIIth Civil Judge, Karachi East. The facts of the case are that applicant filed Civil Suit bearing No.3474 of 1980 renumbered as Suit No.1628 of 1985 for accounts and injunction. Respondents defended the suit and objected to the maintainability of the suit. In addition to other grounds pertaining to facts calling for adjudication evidence laid down by the parties and the finding of trial Court which was also upheld in appeal by the learned Appellate Court on the first issue is that subject-matter of suit is beyond the pecuniary limits of jurisdiction of the trial Court. On 4-1-2000 following observation was made by this Court:- "Upon perusal of the impugned…

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