Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Civil Procedure Code (V of 1908), S. 20 & O. VII, R.10---Suit for declaration and injunction---Return of suit---Territorial jurisdiction---Absence of cause of action against defendant---Plaintiff was a transporter who was aggrieved of time schedule prepared by defendant authorities for vehicles plying on different routes---Defendant authorities were having offices at place "H" and "M" but plaintiff instituted the suit at place "K"---Validity---Cause of action for filing suit had arose to plaintiff at places "H" and "M" districts but it could be instituted at place "K" if defendants were residing or carrying on their business or personally worked for gain within civil district of place "K"---Province (defendant) could neither be said to reside nor to carry on business nor work for gain within the jurisdiction of court at place "K", as such qualification applied to only natural person---Plaintiff impleaded Secretary to Provincial government as one of the defendants but he had not been pleaded against and, therefore, no cause of action had accrued to plaintiff against him---Such defendant was added deceptively in the suit solely to create an impression of jurisdiction of court at place "K" in the matter, which it did not otherwise possessed---Court at place "K" declined to interfere as it had no jurisdiction in the matter---Plaint was returned in circumstances. West Pakistan Industrial Development Corporation v. Messrs Fateh Textile Mills Ltd. PLD 1964 (W.P.) Kar. 11 distinguished. Master Mehboob Ali Soomro and another v. Sindh Road Transport Corporation through Chairman and 2 others 1999 CLC 1722 rel. ORDER ZAFAR AHMED RAJPUT, J.---By this order, I intend to decide the issue of maintainability of the suit filed in original civil jurisdiction of this High Court by the plaintiff for declaration, permanent injunctions and damages of Rs.2,00,00,000. 1. Briefly stated the facts of the case, as narrated in the memo of plaint, are that the plaintiff is a transporter and doing his business under the route permit issued by the competent authority. He is also authorized to supervise the vehicles of transporters…

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