Case Details

Citation(s)
1963 SLG 3429 = 1963 SLD 3429 = 1963 PLD 308
Sindh High Court
First Appeal No. 78 of 1962, decided on 21st December 1962.  
Presented By: Wahiduddin Ahmed and Inamullah, JJ  
  S. A. Nusrat for Appellant.   A. P. Fonseca for
Respondents.   Date of hearing : 10th December 1962.

AHMED MUKHTAR-Appellant  

VERSUS

  ST. PHILOMENA'S CHURCH AND ANOTHER-Respondents  

Law:

Section:

Karachi Small Causes Court Act (IV of 1929), Ss. 24 & 32-Suit under S. 24-- Stay of proceedings exclusively within jurisdiction of Small Causes Court-Amount of surety and time within which suit allowed to be filed-Discretion of Court-- Whether Court was justified in extending time for filing suit or had jurisdiction to do so-Cannot be questioned save by High Court in revision under S. 32-Civil Court in which suit under S. 24 is filed cannot question propriety of order under S. 24 passed by Small Causes Court.   Barjiwandas Gujrati v. Mohini Mohan Shah A I R 1956 Cal. 425 ref. JUDGMENT   WAHIUDDIN AHMED, J.-This is a regular first appeal against the order of the learned District Judge, Karachi in Suit No. 118 of 1962 dated the 13th of October 1962, rejecting the appellant's plaint under Order VII, rule 11 (d), C. P. C. It has arisen in the following circumstances   The dispute between the parties is in respect of tenement bearing old No. 63/9 J.M. 3, present No. 560, Jamshed Quarters, Catholic Colony No. 2, Dadabhoy Naoroji Road, Karachi. The premises in dispute belongs to respondent No. 2 who is alleged to hold the same for the use and benefit of respondent No. 1, namely St. Philomena's Church, which is occupied by the appellant as a tenant on a monthly rent of Rs. 105 since 1947. The respondents, on the basis of an ejectment certificate granted in Revision No. 113 of 1961 by the learned Chief Judge, Small Causes Court, filed in the Small Causes Court, Karachi, Ejection Application No. 24 of 1962 against the appellant. This applica tion was granted by the learned Court on the 12th of May 1962. On the 18th of May 1962, a writ of ejectment was also issued by the learned Chief Judge, Small Causes Court.   On the 22nd of may 1962 the appellant moved the Karachi Small Causes Courtunder section 24 of the Karachi Small Causes Court Act for the stay of the execution. The learned Chief Judge, Small Causes Court granted stay on furnishing two sureties in the sum of Rs. 1,000 each within two weeks and filing of suit within three weeks. Time for furnishing sureties and filing the suit was extended by an order dated the 5th of June 1962. In…
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