Law: Karachi Development Authority Order, (5 of 1957)

Section: 131(1),147-A

Law: Civil Procedure Code (V of 1908)

Section: 20,1(e)

  (a) Karachi Development Authority Order (S of 1957)-----   ---- Art. 131(1) read with Preamble-Expression "in respect of any act purporting to be done under this Order" in Art. 131(1)-Demand by K. D. A. of interest on a part of sale price-Whether not a matter "connected " or "incidental" to the purposes detailed in preamble [Quaere].   (b) Karachi Development Authority Order (5 of 1957)------   ---- Art. 147-A-Words "suns due"-Amount sought to be recovered by method prescribed in Art. 147-A-Mustfrst be found to be "due" Money claimed 'by K. D. A. from B as interest on part of sale price-B denying claim-K. D. A. must first get its claim adjudi cated before it can resort to method of recovery prescribed by Art. 147-A.   Government of West Pakistan v. Abdul Majid P L D 1963 Kar. 653 and Abdul Latif v. Government of West Pakistan P L D 1962 S C 384 ref.   (c) Civil Procedure Code (V of 1908)-----   ----- S. 20 & O. VII r. 1 (e)-Cause of action-K demanding money, due from, S, on IS-10-62-On failure of S to comply with demand K writing another letter on 17-9 63 reiterating demand combined with threat of legal action-`Cause of action' for a suit by K can be said to have arisen on 15-10-62 but as regards suit by S 'cause of action' can be said to have arisen only on 17-9-63 when second letter of demand combined with threat was written by Karachi Development Authority Order (S of 19,57), Art. 131(3).   Date of hearing : 2nd September 1966.   JUDGMENT   This is a suit by the State Bank of Pakistan against the Karachi Development Authority for a declaration that the demand by the defendant for Rs 1,29,000 is illegal, and for an injunction restraining the defendant from realising the amount from the plaintiff. The defendant has filed its written statement. Nine issues were framed on the pleadings of the' parties, but counsel for the parties have now agreed that the proper issues which arise in this case are five. They are as follows:   (1)'Whether the suit is barred by time under Article 131 of the K. D. A. Order?   Whether K.I.T.…