Law: Civil Procedure Code (V of 1908)

Section: 16,16(a)(d)(f),17,20,120,O.VII,XLIX,R.3, 10,

Law: Sindh Civil Court Ordinance, 1962

Section: 7

Civil Procedure Code (V of 1908)- ----Ss. 16, 120, O. VII, R. 10 & O. XLIX, R. 3---Suit for declaration and injunction---Original jurisdiction of Sindh High Court---Scope---Return of plaint---Territorial jurisdiction---Determination---Plaintiff was holder of mining permit at Thatta (Sindh), which expired and authorities declined to renew the same---Plaintiff filed suit against decision of authorities in High Court at Karachi---Validity---Power of High Court of Sindh at Karachi under O.XLIX, R. 3 C.P.C. was not taken away to return a plaint under O.VII, R. 10 C.P.C. if it did not have territorial jurisdiction---Only if a suit in respect of immovable property was capable of being instituted within territorial jurisdiction of civil court at Karachi pursuant to S.16, C.P.C. would S.120, C.P.C. be triggered as regards High Court at Karachi when dealing with civil suits falling within its pecuniary jurisdiction--- Provision of S.16 C.P.C. was not only a threshold section for conferment of jurisdiction to courts in Pakistan but it was portal through which plaintiff had to enter for purposes of entering into city of jurisdiction of different courts in Pakistan---Suit was not maintainable within territorial jurisdiction of High Court at Karachi and it should have been instituted before civil court at Thatta having jurisdiction---Plaint was returned in circumstances. Muhammad Ramzan (deceased) v. Nasreen Firdous PLD 2016 SC 174 rel. Muhammad Naveed Aslam v. Aisha Siddiqui PLD 2010 Kar. 261 = 2011 CLC 1176; Muhammad Bachal v. Province of Sindh 2011 CLC 1450; Land Mark Associates v. Sindh Industrial Trading Estate (Suit No.247/2008); Deluxe Interiors v. The Sindh Industrial Trading Estates SBLR 2018 Sindh 1310; FGBC Ltd. v. Director General Mines and Minerals Development and Fateh Textile Mills v. Government of Sindh Suits Nos.333 of 2012 and 675 of 2014; Mirza Abdur Rahim Baig v. Abdul Haq Lashari PLD 1994 Kar. 388 and Murlidhar P. Gangwani (Engineeer) v. Engineer Aftab Islam Agha 2005 MLD 1506 ref. THIS ORDER PASSED BY: ADNAN IQBAL CHAUDHRY J.-- 1. The plaintiff was granted a Mining Permit under the Sindh Mining Concession Rules, 2002 for mining an area of 395.53…

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