Law: Code Of Civil Procedure, 1908.

Section: 21

Summary

The petition challenges the Islamabad High Court's dismissal of a writ petition against the Appellate Court�s order setting aside the Family Court�s partial decree in a maintenance and dowry recovery suit. The main legal issue is whether the Appellate Court could reverse the trial judgment on territorial jurisdiction grounds not raised or contested at trial or in the appeal memo. The Supreme Court held that objection to territorial jurisdiction must be raised at the earliest stage, and failure to do so before or at trial means it cannot be raised on appeal. Since the issue was never pleaded or disputed until the appellate stage, the order setting aside the trial court's decision was unfair. The petition was converted into an appeal, the impugned judgment was set aside, and the case was remanded for fresh merit hearing.

Core points

• Petitioners filed a suit for maintenance, dowry articles, and gold ornaments; respondent filed suit for restitution of conjugal rights.
• Both suits consolidated and decided by Family Court partially in favor of petitioners.
• Appellate Court set aside Family Court judgment citing territorial jurisdiction issue not raised at trial.
• Islamabad High Court upheld Appellate Court�s decision.
• Supreme Court ruled territorial jurisdiction objections must be raised at trial or at earliest possible stage.
• Issue of territorial jurisdiction not raised at trial or appeal memo; thus appellate setting aside was improper.
• Petition converted into appeal, impugned judgment set aside, case remanded to Appellate Court for fresh hearing on merits.

JUDGMENT