Case Details

Citation(s)
2000 SLG 2075 2000 SLD 2075 2000 CLC 1801
Lahore High Court
Civil Revision No. 1504-D of 1997, heard on 14-03-2000
SYED ZAHID HUSSAIN, J
Ghulam Nabi Bhatti for Petitioner Nemo for
Respondent

Mst. RAZIA BIBI

VS

JAFFAR ALI

Law:

Section:

(a) West Pakistan Civil Courts Ordinance (1Q of 1962)------Ss.10 & 15---Civil Court---Local limits of jurisdiction---Local limits of jurisdiction of a Civil Judge posted in a District would extend to entire District in absence of any direction to the contrary given by High Court. (b) Jurisdiction-- ---- Jurisdiction conferred and vested in a Court could not be taken away or curtailed except by law or in accordance with law. Sharaf Faridi and 2 others v. M.A. Shahani and 16 others PLD 1975 Kar. 59; Jamil Ahmad v. Sayed Muhammad Ali and another PLD 1977 Kar. 901; Shahbaz Ahmad and 2 others v. Muhammad Shafi and 4 others 1984 CLC 1275 and 1985 SCMR 604 ref. JUDGMENT Marriage between the parties took place in the year 1988. It did not prove successful for a long time as a result whereof, the petitioner had to file a suit for dissolution of marriage which was decreed by the learned Civil Judge/Judge Family Court, Chunian on 6-1-1992. She also filed a suit for recovery of dowry articles valuing Rs.24,600. It was contested by the respondent who also raised an objection to the territorial jurisdiction of the Court at Chunian on the ground that she was not at all resident of Chak No.33. Issues were framed by the learned trial Court including as to whether he had any territorial jurisdiction in the matter. After receiving the evidence which the parties wanted to adduce and on consideration of the same, he decreed the suit filed by the petitioner vide order, dated 7-2-1996. An appeal was filed by the respondent there against, The learned Additional District Judge, Pattoki upheld the finding on other issues but reversed the finding of the learned trial Court on issue of territorial jurisdiction and taking the view that the suit is to be instituted where the cause of action wholly or partially accrued or the property is situated or where the defendant resides, he accepted the appeal filed by the respondent. 2. The petitioner/plaintiff has challenged the said judgment of the learned Additional District Judge through this petition. 3. It is contended by the learned counsel for the petitioner that the learned trial Court had rightly decided issue No. l-A that the Civil…
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