Law: Civil Procedure Code (V of 1908)

Section: 16,9

(a) Civil Procedure Code (V of 1908), S. 16 read with S. 9---¬Suit relating to property left in India by a migrant to Pakistan---¬Barred, not under S. 16, C. P. C. but impliedly on general principles. Section 16, C. P. C., in view of the Explanation appended to it, relates only to that property which is situate in Pakistan. What the section means is that if any property mentioned therein is situate in Pakistan, a suit with regard to it can be brought only in that Court in Pakistan which is mentioned in that section and not in any other Court in Pakistan. If the suit asked for relief with regard to property situate in India, no Court in Pakistan would, in the present state of law, be competent to grant that relief. The reason why such a suit would be incompetent is not that section 16 of the Code of Civil Procedure is applicable, but because on general principles a suit relating to property situate in a country should be instituted in the Courts of that country unless the laws of that country allow that it may be instituted in any other country. No provision of law in force in Pakistan bars a suit with regard to property situate in India being brought in Courts in Pakistan and because a suit of that nature would be a suit of civil character, it would have been open to Courts in Pakistan to entertain it had it, not been for the fact that section 9 itself says that all civil suits may be entertained by the Courts to which the Code applies except those in which their cognizance is either expressly or impliedly barred. Cognizance by Courts in Pakistan of a suit with regard to property not situated in Pakistan is impliedly barred on the principle already mentioned, namely, that the Courts of the country in which the property to which a suit relates can pass a decree with regard to it. Held, that a suit with regard to property in India could not be entertained by any Court in Pakistan. (b) Civil Procedure Code (V of 1908), S. 16-Declaratory suit indirectly relating to right to allotment of property in Pakistan in lieu of property left in India without any plea that the latter property belonged to plaintiff an I not to ;defendant-Suit, held, competent. A few days…

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