Law:

Section:

(a) Civil Procedure Code (V of 1908)----- S. 9 --- O.VII, R.11---Constitution of Pakistan (1973), Art. 199--­ Jurisdiction --- "Want of jurisdiction," "excess of jurisdiction" and "wrong exercise of jurisdiction" --- Connotation and distinction ---- Rejection of plaint by Court --- Quantum of jurisdictional defect --- Where any Magistrate having no powers to decide civil suits had proceeded to decide such suit, such exercise would amount to want of jurisdiction; where Civil Court had disposed of suit, jurisdictional value whereof, was in excess of its pecuniary jurisdiction, same would be case of excess of jurisdiction; and where Civil Court having pecuniary as well as territorial jurisdiction to decide case in question, had decided it by misinterpreting any provision of law or by improperly appraising evidence on record such case would be case of wrong exercise of jurisdiction --- Where Civil Court had jurisdiction to reject plaint but it had allegedly done so in wrong way that would be case of wrong exercise of 'jurisdiction and, not that of want of jurisdiction or excess of jurisdiction --- Order in question, having not been passed by Trial Court by exceeding its jurisdiction, plaintiff could not invoke Constitutional jurisdiction of - High Court.--[Words and phrases]. Siddique Khan and 2 others v. Abdul Shakur Khan and another PID 1984 SC 289; I.A.-Col. Nawabzada Muhammad Amir Khan v. The Controller of Estate Duty, etc. PLD 1961 SC 119 and Fazal Din alias Mina etc. v. Commissioner, Peshawar Division etc. PLD 1968 Pesh. 30 ref. (b) Constitution of Pakistan (1973)- ---- Arts. 199 & 203 --- Constitutional jurisdiction --- Adequate alternative remedy available -Effect --- Jurisdiction conferred on High Court under Arts- 199 & 203 of the Constitution being of extraordinary nature must be exercised sparingly --- High Court has to be specially cautious in exercising its Constitutional jurisdiction when other adequate remedy was available to party invoking that jurisdiction. Fazal Din alias Mina etc. v. Commissioner of Peshawar Division an others PLD 1968 Pesh. 30 rel. (c) Civil Procedure Code (V of 1908)--- ---- O. VII, R. .11 & S. 96 --- Constitution…

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