Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Civil Procedure Code (V of 1908), S. 92--Suit under S. 92, C.P.C.--Dismissed on ground of being beyond pecuniary jurisdiction of District Judge--Appeal dismissed by High Court with direction that plaint be returned for presentation to civil Court having jurisdiction--Leave to appeal--Finding of trial Court/High Court not challenged--Plea that leave be granted so that petitioners might apply to Supreme Court for making a suitable application for amendment of their plaint, repelled as this prayer was not made before trial Court or High Court nor even in memo of petition before Supreme Court--Order of High Court being unexceptionable, petition for leave to appeal dismissed. P L D 1971 Kar. 682 ref. Rashid Akhtar Qureshi, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 29th May, 1985. JUDGMENT ABDUL KADIR SHAIKH, J.--This petition arises out of a suit filed by petitioners in the District Court, Karachi against respondents, under section 92 of the Code of Civil Procedure, by which they sought for the following reliefs: (a) Declaration that the sale of the portion measuring 26,400 square yards of Plot No.LR-3/1, Lawrence Road, Karachi by defendants 1 and 2 to defendants 3 and 4 by the sale-deed dated 14-1-1965 is illegal and inoperative in law. (b) Setting a scheme of the Trust-land, viz. Plot No. L.R.3/1 for the welfare and rehabilitation of the Christian families. (c) Appointment of a Commission for taking accounts of income and expenditure of the said trust property. (d) Removal of Reverend Chandu Ray and Lahore Diocesan Trust Association from trusteeship of the said trust property and appointment of a new trustee for the administration of the said trust-property. 2. The allegations made by the petitioners were controverted by respondents, and it was, inter alia, pleaded that the District Court had no jurisdiction to entertain the suit for the reason that the valuation of the suit-land shown - by the plaintiffs themselves was beyond the pecuniary jurisdiction of the District Court. It was further pleaded that the suit was res judicata since earlier Suit No. 129 of 1965 filed by some of the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492