Law: Civil Procedure Code (V of 1908)

Section: S.120,16,17,18,19,20(c),O.XLIX,R.3,O.VII ,r.10,11,O.X,r.3,O.XVI,r.2,O.XVIII,r.5,6 ,8,9,10,11,13,14,15,16,O.XX,r.1,2,3,4,5, 6,7,8,O.XXXIII,r.7,O.XLI,r.35,O.II,R.2

Law: Civil Procedure Code (V of 1908)

Section: S.120,16,17,18,19,20(c),O.XLIX,R.3,O.VII ,r.10,11,O.X,r.3,O.XVI,r.2,O.XVIII,r.5,6 ,8,9,10,

Law: Limitation Act, 1908

Section:

Law: Establishment of West Pakistan Act, 1955

Section:

(a) Civil Procedure Code (V of 1908)-------O. VII, R.10---Return of plaint---Exercise of powers---Pre­conditions---Powers conferred under O. VII, R.10, C.P.C. can only be exercised where suit is pending before the court and it may be exercised at any stage of the suit even in appeal and or revision. (b) Civil Procedure Code (V of 1908)--- ----O. II, R. 2---Same cause of action---Splitting-up of claims--Validity---Provision of O.II, R. 2, C.P.C. is devised to prevent a party from splitting-up claims and remedies arising out of same cause of action against same party---Such provision is based on the principle that defendant should not be vexed twice for the same cause of action---Provision of O.II, R. 2, C.P.C. is penal in nature and precludes plaintiff to sue for the portion of claim or remedy so omitted. (c) Civil Procedure Code (V of 1908)--- ----Ss. 16, 17, 20 & O. VII, R. 10---Return of plaint---Cause of action---Territorial jurisdiction---Property of plaintiff was demolished and bulldozed unlawfully and illegally by defendants---Suit property was situated at place "N" whereas the suit was filed at place "K" before High Court in its original civil jurisdiction---Validity---Provisions of O. VII, R.10, C.P.C. were mandatory and adjudication by a court without jurisdiction was a determination coram non judice and not binding---When court lacked pecuniary or territorial jurisdiction, in such cases, plaint must be returned for presentation to proper court and Court could not pass any judicial order except that of returning the plaint---Cause of action described by plaintiff in plaint showed that no cause of action accrued to plaintiff within territorial limits and jurisdiction of High Court, therefore, plaint was returned to plaintiff for institution before the court of appropriate jurisdiction---Plaint was returned accordingly. Wajid Hussain Farooqi v. Shahida Shahnawaz 2007 CLC 394; Haji Razak v. Usman PLD 1975 Kar, 944; West Pakistan Industrial Development Corporation v. Fateh Textile Mills Ltd. PLD 1964 (WP) Kar. 11; Agricides (Pvt.) Ltd. v. Ali Agro Supply Corporation Ltd. 1988 CLC 59; Mirza Abdur Rahim Baig and another v. Abdul Haq Lashari and 3 others…

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