Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. VII, Rr. 11 & 10 & Ss. 16, 17 & 120---Specific Relief Act (I of 1877), S.42---Suit for declaration---Rejection of plaint---Scope---Matter of territorial or pecuniary jurisdiction---Procedure---Contention of defendants was that court had no territorial jurisdiction to adjudicate upon the suit and same was time barred---Validity---Sections 16 & 17, C.P.C. provided that suit should be instituted where subject matter was situated---Suit seeking relief with regard to immovable property or for compensation for wrong committed in relation to an immovable must be instituted in such court within the local limits of whose jurisdiction any portion of the property was situated---Question of jurisdiction was always construed strictly---Parties could not confer jurisdiction to a court even by consent---Provisions of S. 16, C.P.C. would be attracted under S. 120, C.P.C. only in such civil suits and proceedings which were instituted before the High Court in its original jurisdiction---Suit land was situated at place "X", court having original civil jurisdiction with regard to immovable property situated at place "Y" had no territorial jurisdiction to adjudicate upon the suit---Plaint could not be rejected for lack of pecuniary or territorial jurisdiction---Plaint had to be returned to the plaintiff for presentation before the court having appropriate jurisdiction---Plaint, in the present case, was liable to be returned to the plaintiffs for presentation before the court having jurisdiction---Application for rejection of plaint was disposed of and plaint was returned to the plaintiffs for presentation before the court of appropriate jurisdiction. Town Committee Gakhar Mandi v. Authority under the Payment of Wages Act, Gujranwala and 57 others PLD 2002 SC 452; Khyber Tractors (Pvt.) Ltd. through Manager v. Pakistan through Ministry of Finance, Revenue and Economic Affairs, Islamabad, PLD 2005 SC 842; Ghulam Fareed v. Shahid-ud-Din Tughalaq PLD 2008 Kar. 536 and Muhammad Naveed Aslam and 3 others v. Mst. Aisha Siddiqui and 2 others, PLD 2010 Kar. 261 rel. West Pakistan Industrial, Development Corporation v. Messrs Fateh…

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