Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199(1)(ii)---Constitutional petition---Territorial jurisdiction--­Deciding factors for the jurisdiction---Functionaries acting on behalf of Federal Government, though can be sued before any of the High Court, yet petitioner has to show some real basis, which may include that the petitioner has been affected by such acts, within the territorial jurisdiction of a High Court---More than one High Court may have concurrent jurisdiction, in circumstances of a case. Sendalbar Enterprises (Pvt.) Limited v. Central Board of Revenue and others PLD 1997 SC 334 fol. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Maintainability---Filing of second petition on the same subject before another High Court---Exit Control List--­Removal of name from the list---Name of the petitioner was added to the list in connection of a Bank loan wherein the petitioner stood surety to the loanee---Petitioner was employee of an Airline and he intended to go abroad in connection with his employment---Neither his posting was within the territorial jurisdiction of the High Court, nor the petitioner received any document/order at place where the High Court was situated---Petitioner got an order from another High Court with condition to return back within one month but he filed another petition in a different High Court ---Validity--­High Court had no jurisdiction and the petition was not maintainable in circumstances. Sendalbar Enterprises (Pvt.) Limited v. Central Board of Revenue and others PLD 1997 SC 334 fol. 1985 SCMR 758 and 1998 PLC (C.S.) 239 distinguished. JUDGMENT TARIQ MAHMOOD, J.--- Facts briefly mentioned are that petitioner is one of the Directors of Shah Jewana Mills Limited, a Company incorporated under the Companies Ordinance, 1984, with its registered office at Lahore. Company availed a loan from United Bank Limited, Faisalabad and petitioner is alleged to be the one of the guarantors. Record reveals that as Company failed to discharge its liability, therefore, a suit for recovery of Rs.691,998,000 alongwith mark-up was instituted in the Honourable Lahore High Court, which was decreed on 8-2-2000…

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