Law: Sindh Civil Court Ordinance, 1962

Section: 7

Law: Law Reforms Ordinance, 1972

Section: 3

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.10

(a) Sindh Civil Courts Ordinance (II of 1962)--- ----S. 7---Civil Procedure Code (V of 1908), O.VII, R.10---Law Reforms Ordinance (XII of 1972), S.3---High Court appeal---Pecuniary jurisdiction---Return or rejection of plaint---Scope---Dispute between the parties was whether after determination of pecuniary jurisdiction plaint was to be returned or rejected---Validity---Suit filed by plaintiff was barred by virtue of S. 7 of Sindh Civil Courts Ordinance, 1962, for want of pecuniary jurisdiction---Court was either supposed to reject the plaint for want of pecuniary jurisdiction or it was to be returned to plaintiff---Rule of propriety demanded that when there was a Court having jurisdiction to try the suit and plaint was wrongly filed in another Court, which had 'no jurisdiction' either on the ground of pecuniary value of the suit or territorial limits, to be tried by Court where it was filed, instead of rejecting the plaint, such Court should return the plaint to plaintiff for presentation before a Court having both pecuniary and territorial jurisdiction, as if the suit had never been instituted; it was not the case of propriety alone, rather it was necessary to return the plaint because even order of 'rejection of plaint' was a case of implied exercise of jurisdiction by the Court in a case where cognizance was expressly barred by S.7 of Sindh Civil Courts Ordinance, 1962---Division Bench of High Court returned the plaint and allowed plaintiff to present the same before Court of competent jurisdiction resultantly order passed by Single Judge of High Court was set aside---High Court appeal was allowed in circumstances. Rimpa Sunbeam Cooperative Housing Society Ltd. v. Karachi Metropolitan Corporation through Administrator PLD 2006 Kar. 444; S.M. Waseem Ashraf v. Federation of Pakistan and others 2013 SCMR 338; National Bank of Pakistan v. Humayun Sultan Mufti 1984 CLC 1401; Malik Jehangir Khan v. Banking Tribunal No. 1, Karachi Division Karachi and 4 others 2002 CLD 1466; National Logistic Cell through Commanding Officer NLC v. Abdul Qayyum Khan and others 2009 MLD 948; Rahmatullah v. Ikramullah 1984 CLC 886; PLD 1957 Lah. 689; PLD 1971 SC 247; Shafi-ur-Rehman…

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