Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. VII, R.10---Return of plaint---Courses open to plaintiff to be adopted after return of plaint elaborated. After a plaint is returned to plaintiff by Court under Order VII, rule 10, C.P.C., he may adopt any of these courses: (i) he may challenge the order returning the plaint for presentation to proper Court by filing an appeal against such order, or (ii) he may present the same plaint after its return to him to a Court having jurisdiction in the matter, or (iii) he tray amend the plaint by giving up a part of relief or by reducing the valuation, so as to make it cognizable by the Court, which returned the plaint and then present the same to the same Court or amend the plaint and present it before a Court having jurisdiction in the matter, or (iv) he may file a fresh suit in the Court having jurisdiction in the matter. Hawa Bai v. Abdul Shakoor PLD 1981 Kar. 277 and Abdul Shakoor and others v. Mst. Hawabai and others. 1982 SCMR 867 fol. (b) Arbitration Act (X of 1940)--- ----S. 32---Bar to suit contesting arbitration agreement or award--­Applicability---Mechanism provided in the Arbitration Act has to be adopted for challenging validity of an arbitration agreement or award---Provisions of S.32 of the Arbitration Act would be attracted only in case where existence, effect or validity of an arbitration agreement or award was involved. (c) Arbitration Act (X of 1940)-- ---S. 32---Specific Relief Act (I of 1877), S.54---Bar to suit---Matter already decided by superior Courts---Suit for injunction to restrain defendant from re-agitating the same matter before foreign domestic Tribunal---Maintainability---Proceedings before arbitrator could not be allowed to be carried out to consider the effect of /order of superior Courts by a foreign Tribunal. Trading Corporation of Pakistan v. Messrs Nidera Handlescompagnie B.V. and another 2001 SCMR 646 ref. (d) Civil Procedure Code (V of 1908)-- ----O. VII, R.11(b) & (c)---Rejection of plaint- --Clauses (b) & (c) of O.VII, R.11, C.P.C., not applicable to High Courts. Mst. Parbha v. Lala Swraj Bhan and others AIR 1935 All. 157 and Amir Chand v. Buti Shah and another AIR 1930…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492