Law: Civil Procedure Code (V of 1908)

Section: 5

Civil Procedure Code (V of 1908)--- ----0. VII, R.10---Banking Companies (Recovery of Loans) Ordinance (XIX of 1979), S.5---Return of plaint---Plaintiffs in their suit for declaration challenged legal notice issued to them by defendant-Bank with regard to payment of allegedly outstanding' amount---Plaintiff in their suit had also claimed that they were entitled to recovery of damages for defamation and also cost for compensation of mental torture and agony---Civil Court after hearing parties returned suit to plaintiffs to present in proper forum on ground that matter between parties having arisen out of loan, Special Court constituted under S.5 of Banking Companies (Recovery of Loans) Ordinance, 1979 had jurisdiction to deal with dispute between parties and that Civil Court had no jurisdiction in the matter---Civil Court despite returning plaint due to lack of jurisdiction, entertained suit with regard to relief claimed by plaintiffs for compensation for defamation on ground that Civil Court had got jurisdiction and Court directed plaintiffs to amend their plaint to that extent---Dispute between parties being related to recovery of advance by defendant-Bank, Civil Court rightly returned plaint under O.VII, R.10, C.P.C. for presentation before Special Court constituted under S.5 of Banking Companies (Recovery of Loans) Ordinance. 1979---Civil Court had no jurisdiction to entertain suit with regard to damages which was an off-shoot of main suit for declaration which had been returned for presentation before proper forum---Order of Civil Court with regard to finding that it had got jurisdiction in respect of relief for compensation for defamation and permission for consequential amendment in plaint, was set aside and Civil Court was directed to return plaint in toto for presentation before proper forum. Sanaullah Khan Gandapur for Petitioner. Haji Saadullah Khan for Respondents. Date of hearing: 20th February, 1994. JUDGMENT MIAN SHAKIRULLAH JAN, J.---By this single judgment we propose to dispose of F.A.O. No.3/93 (Qayyum Nawaz etc. v. Regional Manager. Agricultural Development Bank of Pakistan, D.I. Khan etc.) and F.A.O. No.4/93 (Regional Manager.…