Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Civil Procedure Code (V of 1908)-------O. VII, R. 11---Specific Relief Act (I of 1877), S.42---Rejection of plaint---Suit for declaration---Shares purchased by plaintiff from the defendant-company at place 'I', having been transferred and allotted at place 'L' in the "Registered Office of the company", contention of defendants was that Branch of company functioning at place 'M' had no concern with the transaction of the shares and prayed to reject the suit filed by the plaintiff---Trial Court rejected the suit under O.VII, R.11, C.P.C. and declared that matter pertained to transfer of the shares and same could be heard at where the Registered Office of the company was established---Validity---Company was functioning at place 'M' through its branch office and the plaintiff purchased the shares of the company at place 'M' branch office through an approved stock broker, who was also performing his functions at place "M"---Trial Court at "M" had jurisdiction to try the case regarding shares of the company---Findings recorded by the Trial Court, being not in accordance with the facts and provisions of the law, were not sustainable---Judgment and decree passed by the Trial Court were set aside with direction to dispose of the matter in accordance with provisions of law. PLD 2011 Kar. 416 rel. Muhammad Siddique Chaudhary for Appellant. Mian Sultan Mehmood and Kamran Tariq for Respondents. ORDER MUNIR AHMED CHAUDHARY, J.--- This appeal has been filed against the judgment and decree passed by the learned District Judge Mirpur dated 26-4-2005, through which the suit filed by the present appellant was rejected under Order VII, Rule 11 of C.P.C. 2. Brief facts of the instant case are that appellant/plaintiff filed a suit for declaration against the respondents in the Court of learned District Judge Mirpur on 22-10-2004. It was stated in the suit that appellant purchased shares of Universal Insurance Company (respondent No.1) but the company did not extend physical shares in time. Respondent No.3 was an approved stock broker and running a branch office at Mirpur. The appellant prayed to issue a declaratory decree regarding the said shares of the company. 3.…

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