Law: Gas (Theft Control and Recovery) Act, (XI of 2016)

Section: 3,4,5,13

Law: Civil Procedure Code (V of 1908)

Section: 11

Gas (Theft Control and Recovery) Act (XI of 2016)--- ----Ss.3, 4, 5 13---Civil Procedure Code (V of 1908), O.VII, Rr.10 11--- Suit for recovery of gas charges--- Gas Utility Court--- Jurisdiction--- Suit filed by Gas Company was returned by Civil Court to be filed before Court of competent jurisdiction whereas the District Judge rejected the plaint---Validity---Application under O.VII, R.11, C.P.C., could only be entertained by a Court having jurisdiction in the matter---Only the Court having jurisdiction could reject the plaint on the ground that it was barred in law---If Court had no jurisdiction to adjudicate a matter on merits, said Court could not exercise such jurisdiction to reject plaint on the ground that it was barred in law---Court lacking jurisdiction could only exercise powers under O.VII R.10, C.P.C., for returning the plaint for its presentation before Court having jurisdiction and not to exercise powers for rejection of plaint---High Court set aside the order passed by District Judge and remanded the matter for decision afresh---Appeal was allowed, in circumstances. Samsonite IP Holdings S.a.r.l. v. Famous Brands (Pvt.) Limited 2019 CLD 1060; Muhammad Nasir v. Abdul Hakim Khan 2011 CLC 748; Haroon-ur-Rashid v. Lahore Development Authority 2016 SCMR 931 and Rauf Baksh Kadri v. The State and others 2003 MLD 777 ref. JUDGMENT MUHAMMAD JUNAID GHAFFAR, JUSTICE.---- Through this civil appeal, the appellant has impugned order dated 22.11.2019 passed by the District Judge, Larkana in Summary Suit No.03/2019, whereby while allowing application under Order VII, Rule 11, C.P.C. filed by the respondent, the plaint has been rejected. 2. Learned Counsel for the appellant has contended that on default by respondent, the appellant filed F.C. Suit No.112/2018 before 2nd Senior Civil Judge, Larkana; however, vide order dated 22.11.2018 on the basis of notification dated 28.03.2017 the plaint was returned under Order VII, Rule 10, C.P.C., asking the appellant to present the same before the District Judge, Larkana; that thereafter Summary Suit No.03/2019 was filed under Gas (Theft Control and Recovery) Act, 2016, [2016 Act] which was admitted and summons were…

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