Law: Civil Procedure Code (V of 1908)

Section: 24,O.VII,R.10,11(d)

Law: Constitution of Pakistan, 1973

Section: 199

Law: Limitation Act, 1908

Section: 14

(a) Civil Procedure Code (V of 1908)--- ---S.24 & O. VII, R.10---"Transfer of suit" and "return of plaint"--Distinction---Consequence of return of plaint in terms of O. VII R. 10 C.P.C. and transfer of suit under S. 24 C.P.C. are entirely different---Where plaint is returned under O. VII, R. 10 C.P.C., on its re-presentation to court of competent jurisdiction, for all intents and purposes, it is treated as fresh institution and limitation would be computed from the day of representation of plaint in court---Consequence of transfer of suit or proceeding from one court to another in exercise of power under S. 24 C.P.C. is that proceeding are deemed to be continued from the day when it is originally presented and not from the moment it stands transferred or proceeded by transferee Court. (b) Civil Procedure Code (V of 1908)--- ----O. VII, Rr.10 & 11(d)---Limitation Act (IX of 1908), S.14---Constitution of Pakistan; Art.199---Constitutional petition---Rejection of plaint---Remedy before wrong forum---Condonation of delay---Suit filed by plaintiff was returned by Trial Court for presenting the same before court having jurisdiction---Suit filed by plaintiff in proper court was rejected being time barred---Validity---Remedy available to plaintiff was either to apply for transfer of case, if it was within the jurisdiction of same district before District Court or where proceedings were pending in one district and were intended to be transferred to another district, then jurisdiction to transfer vested in High Court to entertain such application for transfer---Such course was not adopted and on the contrary, plaintiff adopted the course which entailed its own consequence and none else but counsel for plaintiff was responsible---Another course open to plaintiff was to have invoked provision of S. 14 of Limitation- Act, 1908, to have sought condonation of delay in pursuing remedy before wrong forum, which also counsel for plaintiff did not resort to---Plaintiff even could have challenged order passed by Trial Court in exercise of power under. O. VII, R. 10 C.P. C. before revisional Court and instead he chose to approach High Court that too much after…

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