Law: Civil Procedure Code (V of 1908)

Section: 19,20,O,VII,10

Civil Procedure Code (V of 1908)--- ----Ss.19, 20 & O.VII, R.10---Suit for declaration and damages---Jurisdiction of court---Office objection---Plaintiff sought recovery of entire sale price and damages on grounds that land in question was not physically available---Office as well as defendant raised objection that High Court had no jurisdiction---Validity---Claim of plaintiff was severable from subject property and plaintiff was not claiming any right or interest in subject property---Plaintiff was demanding her money/sale price back together with damages if at all she was able to prove same---Jurisdiction of High Court was not ousted as defendant was resident of Karachi, sale agreement which though was no longer enforceable was also executed at Karachi and payments were also made at Karachi---Suit was maintainable in circumstances. Haji Riaz Ahmed Mir v. Brig. (Retd.) Ch. Muhammad Sharif PLD 2003 Kar. 45 ref. Ghulam Fareed v. Shahid-ud-Din Tughalaq PLD 2008 Kar. 536; Muhammad Naved Islam and 3 others v. Mst. Aisha Siddiqui and 14 others 2011 CLC 1176 and Muhammad Bachal v. Province of Sindh through Home Secretary and 12 others 2011 CLC 1450 distinguished. THIS JUDGMENT DELIVERED BY: MUHAMMAD FAISAL KAMAL ALAM, JUSTICE:---.--- 1 2. There is an office note that vide order dated 08.04.2014, maintainability issue of the suit is to be decided. In this regard, the Defendant has also filed a separate application [C.M.A. No.2422 of 2014], which is also listed for hearing today. In brief, the controversy revolves around recovery of sale price and damages in respect of a plot bearing No.805, measuring 2 Kanals and 10 Marlas, Muaza Sambli, Behra Mall, Daak Khana Angoori, Tehsil Muree, Zila Rawalpindi (the "Subject Property"). It appears that parties are entangled in litigation for quite some time and a criminal proceeding was also filed by the present Plaintiff against the Defendant, which was later quashed in C.P. No. D-4458 of 2012 and maintained up to the Honourable Supreme Court of Pakistan. Mr. Muhammad Ali Lakhani, Advocate, while representing the Plaintiff has argued that even though, admittedly, a Sale Agreement in respect of the Subject Property was…

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