Law: Civil Procedure Code (V of 1908)

Section: 29

Civil Procedure Code (V of 1908)---Ss.21, 47 O.XXI, R.29---Objections to jurisdiction---Questions to be determined by the Court executing decree---Stay of execution proceedings pending suit between decree-holder and -debtor---Scope assailed the dismissal of his applications whereby he had sought to explain his indolence and had agitated that the and decree had been wrongly passed, hence, the execution proceedings be stopped pending decision of the point raised in the application---Validity in his written statement had half-heartedly contested the proceedings---Against the impugned and decree, the petitioner had preferred not to file any appeal rather had filed an application under S.12(2), C.P.C., which was dismissed for non-prosecution and no application for its resurrection was filed either---Sole point agitated in the matter before High Court was that the trial court lacked territorial jurisdiction, hence, the and decree was nothing but nullity---Since the petitioner had himself submitted to the jurisdiction of the trial Court and had not raised any objection at the relevant point of time, no objection as to the place of suing could be raised either at the appellate or revisional stage---Bare perusal of the S.21 of C.P.C. reflected that if the objection as to the territorial jurisdiction was not raised before the Court of first instance the same could not be taken before the superior forums---Constitutional petition was dismissed. Muhammad Ali v. Ghulam Sarwar 1989 SCMR 640 and Allah Ditta v. Ahmed Ali Shah 2003 SCMR 1202 distinguished. Regional Development Finance Corporation v. Gul Hassan 2009 SCMR 706 rel. ORDER: AHMED ALI M. SHAIKH, CHIEF JUSTICE:---.--- has assailed the order dated 07.10.2020 passed by the learned XII Additional District and Sessions Judge/Model Civil Appellate Court, District South, Karachi, in Civil Revision Application No. 71 of 2019, whereby he dismissed the petitioner’s Revision Application against the order dated 01.04.2019 passed by the learned V Senior Civil Judge, District South, Karachi in Execution Application No. 09 of 2013 whereby the applications under Section 47, C.P.C. and Order XXI, Rule 29, C.P.C., 1908, (the…

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