Law: Code Of Civil Procedure, 1908.

Section: 115,Order VII Rule 10,9

Law: Khyber Pakhtunkhwa Mines and Minerals Act (XXXVI of 2017)

Section: 102(6)

SUMMARY Held: Civil Procedure Code (V of 1908)— Section 9— Act of 2017—Section 102(6)— Jurisdiction of Civil Court—Ouster clause—Scope—Allegation of mala fide, ill-will and jurisdictional defect—Effect— Plaintiff instituted suit alleging that the act of a statutory authority was tainted with mala fide, ill-will and was in excess of lawful authority. The trial Court, invoking the ouster clause contained in Section 102(6) of the Act of 2017, returned the plaint for want of jurisdiction, which order was upheld by the Appellate Court. Held: Jurisdiction of Civil Courts under Section 9, C.P.C., is plenary in nature and extends to all disputes of civil nature unless expressly or impliedly barred. An ouster clause, though indicative of legislative intent, is not to be construed as absolute. The exclusion of jurisdiction must be strictly interpreted and is subject to well-recognized exceptions. Where a plaintiff alleges that the impugned act of a statutory authority is (i) without jurisdiction, (ii) in excess of powers conferred by the parent statute, or (iii) tainted with mala fide or ill-will, the jurisdiction of Civil Court remains intact. Allegations of mala fide strike at the root of the proceedings and render even the most solemn acts void. Determination of mala fide involves adjudication upon disputed questions of fact, requiring recording of evidence, which falls within the exclusive domain of Civil Courts. An appellate authority constituted under the same statute cannot be deemed an adequate forum to examine independent allegations of bad faith against functionaries acting under that statute. Courts are obligated to examine the substance of the controversy rather than being swayed by the mere existence of an ouster clause. The Courts below failed to appreciate the true nature of the dispute and mechanically applied the statutory bar without addressing the pleaded allegations of mala fide and jurisdictional defect. Result: Petition allowed. Impugned orders set aside. Plaint restored for decision on merits.   📜 Laws & Sections Used Section 115 CPC Order VII Rule 10 CPC Section 9 CPC Section 102(6)…