Law: Civil Procedure Code (V of 1908)

Section: 16,20,10

Civil Procedure Code (V of 1908)--- ----Ss. 16 & 20 & O. VII, R. 10---Suit for declaration and permanent injunction---Suit property was situated within the territorial jurisdiction of another Court---Plaint, return of---Scope---Suit property, in the present case, was situated within the territorial jurisdiction of another Court---Defendants were also residing within the local limits of said Court---Trial Court could not proceed with the present suit, in circumstances---Interest of the parties was to be determined and resolved by the Court where suit property was situated and the defendants were residing---Courts below had correctly appreciated the facts and rightly held that Trial Court did not have jurisdiction in the matter---No illegality had been pointed out in the concurrent findings recorded by the Courts below---Plaint had rightly been returned under O.VII, R.10 of C.P.C.---Revision was dismissed, in circumstances. Haji Abdul Malik's case 2003 SCMR 990 rel. THIS JUDGMENT DELIVERED BY: AHMAD ALI, JUSTICE:---.--- The instant revision petition under section 115 C.P.C. has been filed by the petitioner against the judgment and decree dated 29.08.2015 passed by the learned Additional District Judge-II, Abbottabad, whereby, Civil Appeal No. 66/13 of 2015 filed by the petitioner against the judgment and decree dated 30.07.2015 of learned Civil Judge-XIII, Abbottabad in Civil Suit No. 122/1 of 2015, was dismissed. 2. Brief and relevant facts leading to filing of the present revision petition are that the petitioner filed a suit for declaration to the effect that petitioner was owner to the extent of 60/100 share in forest situated within the limits of Khanbari Chilas, in Province of Gilgit-Baltistan as per agreement dated 09.06.1999 and respondent No. 1/ defendant No. 1, Syed Mubeen Shah son of Syed Maskan Shah has no right to claim 50/100 share in the disputed property and respondent No. 2/defendant No. 2, Secretary Forest Shamali Illaqa Jat Gilgit Baltistan, Gilgit be directed to make entries in the relevant record to the above effect. The petitioner also prayed for permanent injunction and possession in the suit. The respondents were summoned, who…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492