Law: Specific Relief Act, 1877

Section: 42

Law: Constitution of Pakistan, 1973

Section: 66,69

Law: Civil Procedure Code, 1908

Section: VII,11

(a)    Specific Relief Act (I of 1877)-------S. 42--- Constitution of Pakistan, Arts. 66 & 69--- Suit for declaration--Proceedings of Parliament, challenging of---High Court, jurisdiction of---Scope--Plaintiff challenged/impugned a Letter issued by Standing Committee of the Senate of Pakistan---Constitutionality---Articles 66 & 69 of the Constitution, make it clear that Courts ought not to inquire into proceedings of Parliament and Parliamentary Privilege is accorded to Inter Parliamentary Communications; even the proceedings of a formally constituted Committee of either House falls within the ambit of internal proceedings of the Parliament, hence, outside the jurisdiction of the Court in terms of Art. 69 of the Constitution---Impugned Letter was prima facie Inter Parliamentary Communication---Plaintiff remained unable to demonstrate that High Court had any jurisdiction to entertain the pertinent relief claimed---Plaint merited rejection forthwith---Suit was dismissed accordingly.Pakistan v. Ahmed Saeed Kirmani and others PLD 1958 SC 397; Farzand Ali and others v. Province of West Pakistan PLD 1970 SC 98; PLD 2012 SC 774; BNP (Pvt.) Ltd. v. CDA and others 2016 CLC 1169 and Riaz Hanif Rahi v. Pakistan PLD 2015 Isl. 7 ref.(b)    Specific Relief Act (I of 1877)-------S. 42---Constitution of Pakistan, Arts. 66 & 69---Suit for declaration--Proceedings of Parliament, challenging of---Negative declaration---Scope--Plaintiff challenged/impugned a Letter issued by Standing Committee of the Senate of Pakistan---Question was whether a negative declaration can be granted in exercise of S. 42 of the Specific Relief Act, 1877---Held, that precepts of declaratory relief are governed by S. 42 of the Specific Relief Act, 1877, and the sine qua non of seeking such a declaration is to demonstrate entitlement to a legal right---Suits seeking negative declarations are not appreciated by the Courts---No plaintiff can be permitted to seek relief in a suit which would frustrate the defendant(s) from initiating a remedy for redressal of its grievance; and a plaintiff cannot be permitted to seek an injunction against the defendant,…

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