Law: Companies Act, 2017

Section: 5

Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: 10

(a) Companies Act (XIX of 2017)--- ----S. 5---Specific Relief Act (I of 1877), S. 42---Civil Procedure Code (V of 1908), S. 9, O. VII, R. 10---Suit for declaration---Courts to try all civil suits unless barred---Jurisdiction of the Court and creation of Benches---Scope---Where plaintiffs had filed a suit for declaration before the civil court and had sought declaration of title of their predecessor-in-interest as Director of a private limited company and profit as per his shares, High Court observed that matter squarely fell within the jurisdiction of Company Judge---No court other than the High Court had jurisdiction to entertain the matter---High Court remanded the matter to the Trial Court to decide the question of jurisdiction. Dr. Omar Masood and another v. Syed Amir Hussain Naqvi and another 2019 CLD 931 rel. (b) Jurisdiction--- ----Whenever a challenge is made to the jurisdiction of the Court, such Court in the first instance is obliged by law to decide the matter of its jurisdiction by taking into account all the relevant facts. (c) Civil Procedure Code (V of 1908)--- ----O. VII, R. 10---Return of plaint---Jurisdiction---Scope---Courts have inherent jurisdiction to decide the question of their own jurisdiction with respect to a specific matter and jurisdiction of a Court is initially determined by the pleadings of the parties---If the Court reaches upon the conclusion that it does not have the jurisdiction to decide the lis before it, the Court should return the plaint under O. VII, R. 10, C.P.C. because decision will have a binding force only when same is passed by a Court of competent jurisdiction. Date of hearing: 4th November, 2021. JUDGMENT MUHAMMAD KAMRAN KHAN MULAKHAIL, J.---This Civil Revision Petition is directed against the Judgment and Decree dated 12th October, 2012 passed by Civil Judge-IV, Quetta, ("trial Court"), whereby the suit filed by the petitioners was dismissed and the Judgment and Decree dated 24th March, 2021, passed by the Additional District Judge-VII, Quetta ("appellate Court") whereby the appeal preferred by the petitioner was also dismissed. 2. Brief facts of the case are that predecessor-in-interest of respondents Nos.1 to…

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