Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11,S.20,16

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11,S.20,16

Law: Constitution of Pakistan, 1973

Section: 212

(a) Civil Procedure Code (V of 1908)-------S. 20(c) & O. VII, R. 11---Specific Relief Act (I of 1877), S.42 ---Suit for declaration calming right of the plaintiff to be eligible for appointment at place "I"---Rejection of plaint---Territorial jurisdiction---Cause of action---Plaint was rejected on ground of lack of territorial jurisdiction of Trial Court---Validity---Cause of action for the purpose of the present case would mean the legal demand of a right for which the suit was filed---Advertisement appeared for the post in newspaper published at place "Q"; and in response thereof, the plaintiff submitted his application for the post through proper channel from place "Q"---Cause of action, therefore, partly accrued at place "Q", and the suit was rightly filed before the Trial Court---Courts below had erred while arriving at the conclusion that there was a lack of territorial jurisdiction. (b) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration claiming right of the plaintiff to be eligible for appointment and refraining the authorities from appointing any other person to the post---Maintainability---Plaintiff had to show that he had some legal character, whereby he was entitled for relief as claimed in the suit to cover it within the ambit of section 42 of the Specific Relief Act, 1877; but he failed---Exclusive authority vested with the authorities advertising the post seeking appointment of a person in the service---No violation of law was pointed out, and the plaintiff may have been a candidate, but such fact did not create any legal character in his favour to file a suit for declaration---Suit was not maintainable---Revision was dismissed, in circumstances. Manzoor Ahmed Rehmani for Petitioner. Rauf Atta, Standing Counsel and Amanullah Tareen, Addl. A.-G. for Respondents. Date of hearing: 11th April, 2012. ORDER MRS. SYEDA TAHIRA SAFDAR,, J.--- Feeling aggrieved of the judgment dated 28th October, 2011 of Senior Civil Judge-II, Quetta whereby the suit filed by the petitioner was. rejected under provisions of Order VII, Rule 11, Civil Procedure Code (C.P.C.) for lack of territorial jurisdiction in the matter, and judgment dated 13th…

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