Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 9---Companies Ordinance (XLVII of 1984), S.7---Civil Court, jurisdiction of---Jurisdiction of Civil Court under Companies Ordinance, 1984 is ousted by virtue of special provisions of S.7 of the said Ordinance---Civil Court, thus, has no jurisdiction under S.9, C.P.C. unless such jurisdiction is specifically conferred by the Federal Government through a notification. (b) Civil Procedure Code (V of 1908)--- ----S. 115(2) & O. VII, R.11---Rejection of plaint---Refusal to reject plaint is not an appealable order---Revision against such order is, however, maintainable. (c) Limitation--- ---Void order---Limitation does not run against a void order. JUDGMENT This revision application has been filed by Corporate Law Authority and Joint Registrar of Companies jointly in this Court and their grievance was that the suit filed before the Second Senior Civil Judge, Karachi by the respondents being Suit No.841 of 1995 was not maintainable as the prayer was made in respect of a company law matter for which the jurisdiction is conferred on the High Court or could be conferred on any Civil Judge in terms of section 7 of the Companies Ordinance, 1984 by the Federal Government and since no jurisdiction was conferred on the IInd Senior Civil Judge, therefore, the suit filed was not competent. Briefly the case of the respondent was that the respondents were initially registered as private limited company converted themselves into a public limited company. The memorandum and article of association were duly amended and they started manufacture of cement. Their further case is that the name was changed with the approval of the Joint Registrar of Companies. The notice was given on 5-8-1995 by the applicant No. l in which the respondent was called upon to show cause as to why it should not be directed to change its name. Consequently, suit was filed and the following relief was prayed for: (a) declaring that the Notice, dated 31st July, 1995 issued by the defendant No. l is wholly without jurisdiction and of no legal effect. (b) permanently restraining the defendants from acting upon the said notice or from interfering in any manner…

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