Law: Civil Procedure Code (V of 1908)

Section: S.9,O.VII,R.11

Law: Contract Act, 1872

Section: 23

Law: Specific Relief Act, 1877

Section: 21,42,54

(a) Civil Procedure Code (V of 1908)--- ----S.9---Civil Court---Jurisdiction---Scope---Civil Court is Court of ultimate jurisdiction with regard to civil right, duty or obligation unless the jurisdiction is either expressly or impliedly barred---Provision of S.9, C.P.C. only confers jurisdiction upon Court and does not grant a substantive right of action. (b) Specific Relief Act (I of 1877)--- ----Ss. 21, 42 & 54---Contract Act (IX of 1872), S.23---Civil Procedure Code (V of 1908), O.VII, R.11---Void agreement, enforcement of---Dismissal of suit---Plaintiff sought specific performance of agreement whereby he paid amounts to defendants on behalf of different persons for securing government jobs for them---Single Judge of High Court dismissed the plaint as the same was not maintainable---Validity---Such agreement / Iqrarnam executed between the parties was hit by S.23 of Contract Act, 1872, as well as S.21 of Specific Relief Act, 1877, which made it void and illegal and could not be enforced---Single Judge of High Court had rightly dealt with every aspect of the matter and had rightly concluded in order in question that suit was not maintainable---Division Bench of High Court declined to interfere in the passed by Single Judge of High Court, as the suit filed by plaintiff was barred by law---High Court appeal was dismissed in circumstances. Hameedullah and 9 others v. Headmistress, Government Girls School, Chokara District Karak and 5 others 1997 SCMR 855 ref. THIS JUDGMENT DELIVERED BY: ADNAN-UL-KARIM MEMON, J.--- The Appellant impugned the Order dated 03.09.2018 passed by the learned Single Judge (Original Side) of this Court in Civil Suit No. NIL of 2018. (Re-Mussawar Ali v. Province of Sindh and others) whereby suit filed by the Appellant was dismissed as not maintainable. 2. Brief facts of the case are that on 18.07.2018, Appellant filed Civil Suit No. Nil of 2018 with the following prayers:- 1) To award the judgment and decree of declared by declaring that the action defendants Nos.2 and 3 is bad in the law, unlawful, illegal for which they are at all not competent to do so to grab the properties of innocent people in the name of providing job and…

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