Case Details

Citation(s)
2026 SLG 4288 = 2026 SLD 4288
Islamabad High Court
Writ Petition No.2043 of 2021
Presented By: (INNAM AMEEN MINHAS) JUDGE
Petitioners by: Mr. Abdur Rashid Awan, Advocate.
Respondents 1A & 1B by: Ch. Sajid Abdullah Sraa, Mr. Ehsan Ullah Sial and Mr. Imran Khan Jadoon, Advocates.
Respondent No.5 by: Mr. Khurram Mahmood Qureshi, Advocate.
Respondent No.7 by: Mr. Zulfiqar Ali Abbasi and Mr. Shahid Munir, Advocates.
Respondent No.8-A by: Mirza Jameel Baig, Advocate.
Respondents No.2 to 6, 8-B to 8-D & 9 to 11 Ex-parte. Date of Hearing: 04.03.2025

Mrs. Anjum Malik and others

VS

. Mst. Neelofer Malik and others

Law: Code Of Civil Procedure, 1908.

Section: 16, 17, 21, 2, 14

Law: Constitution of Pakistan 1973

Section: 199

Case Summary

The petitioners challenged the Trial Court's order allowing respondent No.1's application for summoning the gift-deed record of the disputed property from Cantonment Board, Rawalpindi.

The petitioners argued mainly that the Trial Court lacked territorial jurisdiction because the property was situated in Rawalpindi, outside Islamabad. They also argued that the respondent had previously filed an application for summoning records but had not mentioned this particular property, therefore the subsequent application was barred under Order II Rule 2 CPC.

The Court rejected these objections. It held that since the suit concerned partition and administration of several properties situated within the territorial jurisdiction of different Courts, Section 17 CPC permitted the suit to be instituted in a Court within whose jurisdiction any portion of the property was situated.

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