Law: Specific Relief Act, 1877

Section: 42

Law: Constitution of Pakistan, 1973

Section: 172,173

Law: Land Revenue Act, 1967 (XVII of 1967)

Section: 49

Law: Civil Procedure Code (V of 1908)

Section: 9,15,16,16(d),17,18,19,20,21,O.XXXIX,R.1 ,2

Specific Relief Act, 1877 (I of 1877)-- ----S. 42--Civil Procedure Code, (V of 1908), S. 21 & O.XXXIX, Rr. 1 & 2--Suit for declaration and temporary injunction--Stay was granted--Civil appeal--Dismissed--Civil revision--Leasing of min--Transfer of rights of mining lease and suspension of orders regarding joint survey--Consent orders--Joint survey was carried out--Survey report of commission--Case was remanded--Territorial jurisdiction--Return of plaint--Order was maintained--Concurrent findings--Failure of justice--Challenge to--Objections as to territorial jurisdiction unless raised before Court of first instance "at earliest possible opportunity" are not even considered by appellate or Revisional Court--Appellate or Revisional Court would only consider such objections provided all three conditions as set down in Section 21, CPC are met viz firstly, objection as to territorial jurisdiction was raised in Court of first instance, secondly such objection is raised at earliest opportunity and in case issues are settled, before settlement of issue and most importantly and thirdly, there has been consequent failure of justice--Issue of territorial jurisdiction though raised before settlement of issues but, not at earliest opportunity--Counsel when confronted as to what prejudice has been caused or will be caused to him, Sardar Aslam, learned ASC, candidly conceded that no prejudice or failure of justice has been caused or will be caused to Petitioner if suit is tried by learned Civil Judge, Quetta--Since we have noted that learned Civil Judge at Quetta, seized of matter is otherwise competent to decide controversy subject matter of suit--Civil petition was dismissed. AIR 1981 SC 1863 ref. THIS JUDGMENT DELIVERED BY: MUSHIR ALAM, J.- Petitioner, has impugned the judgment dated 13.11.2017 whereby the learned Bench of High Court of Baluchistan, at Quetta set aside the concurrent orders dated 25.03.2015 and dated 30.4.2015 passed by the learned Civil Judge (Judicial Magistrate-IX), Quetta and the learned District Judge, Quetta, respectively whereby Petitioner's/Defendant No. 3 objections as to the territorial jurisdiction of the Civil Judge at Quetta as…

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