Law:

Section:

Constitution of Pakistan---.--- ---.----Art. 247(7)---.---Civil Procedure Code (V of 1908), O. VII, R.10---.---Specific Relief Act (I of 1877), S.54---.---Suit for injunction---.---Return of plaint---.---Plaintiff was awarded a contract for widening and construction of road which was situated in tribal territory---.---Plaintiff satisfactorily completed the work up to fifty per cent as per required specification and payment was made to the plaintiff in respect thereof---.---Some Notables and Tribal Elders of the locality, demanded 15% as "Qaumi Commission" from the plaintiff, who filed suit against said demand---.---Defendant resisted the suit and filed application before the Trial Court under O. VII, R.10, C.P.C. for return of plaint on the ground that the civil court lacked jurisdiction to entertain and adjudicate upon the issue in question as it pertained to Tribal territory---.---Said application had been concurrently accepted---.---Validity---.---Civil court had absolutely no jurisdiction in the matter---.---Even the jurisdiction of High Court in view of the bar contained under Art.247(7) of the Constitution in the matters hailing from Tribal areas had been excluded---.---All the matters were out of the domain and jurisdiction of the court and fell squarely within the jurisdiction of the Political Authorities, where a proper hierarchy was available to attend to such dispute---.---Both courts below had rightly entertained the application of the defendants for return of the plaint to the plaintiff under O. VII, R.10, C.P.C., through the impugned orders, which warranted no interference and were accordingly upheld. PLD 2002 SC 526; 1991 SCMR 2400 and PLD 1997 Pesh. 132 rel. THIS JUDGMENT DELIVERED BY: QAISER RASHID KHAN, JUSTICE:---.---- Petitioner/plaintiff, namely, Zair Ali, being aggrieved of the concurrent judgments and decrees dated 18-4-2007 and 28-6-2007 passed by the learned Civil Judge-I Tank and learned Additional District Judge Tank respectively, whereby application of the respondents/defendants for return of plaint under Order VII Rule 10, C.P.C. to the petitioner was accepted, has assailed the same through the instant revision petition. 2. Concise…

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