Case Details

Citation(s)
2016 SLG 359 2016 SLD 359 2016 SCMR 90
Supreme Court of Pakistan
C.P. Nos. 224-K and 225-K of 2014, decided on 19th August, 2015.
ANWAR ZAHEER, JAMALI AND AMIR HANI MUSLIM, JJ
Khalid Daudpota, Advocate Supreme Court and K.A. Wahab, Advocate-on-Record for Petitioner. Mehmood Abdul Ghani, Advocate Supreme Court and Mazhar Ali B. Chohan, Advocate-on-Record for
Respondent No. 1.

AFTAB MUNAWAR

VS

NOVARTIS PHARMA PAKISTAN LTD.

Law:

Section:

Civil Procedure Code (V of 1908)--- ----S. 21---Objection to jurisdiction of a court---Where such objection was not raised at the first instance, the defendant could not be penalized for the same---Section 21, C.P.C. did not entail any penalty in case an objection to jurisdiction of the court was not raised at the first instance---Provisions of S. 21, C.P.C. were directory in nature and could not be construed as mandatory. JUDGMENT AMIR HANI MUSLIM, J.---Through these proceedings, the Petitioner has challenged the impugned order of the learned High Court passed in Civil Revisions, by which it has maintained the orders of the Courts below. 2. The learned Counsel for the Petitioner has contended that the learned High Court as well as the Courts below did not appreciate that the Trial Court at Larkana was competent and had the jurisdiction to try the suits filed by the Petitioner before it against the Respondent. He in support of his contentions has relied on the provisions of Section 21 of Civil Procedure Code, which provides that the objection to the jurisdiction of a Court has to be raised in the first instance at the earliest possible opportunity and not subsequent thereto.…
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