Law:

Section:

(a) Civil Procedure Code (V of 1908) S.9 Jurisdiction of Tribunal Principles When Special Tribunal is constituted under a statute, its jurisdiction depends upon the specific provisions of the statute Jurisdiction may be limited by conditions as to constitution, as regards persons whom or the offences which it is competent to try and as to the orders which it is empowered to make or by other conditions which the law makes essential to the validity of its proceedings and orders Where conditions required for invoking the jurisdiction of Tribunal are not available, then remedy lies to Civil Court under S.9, C.P.C. (b) Interpretation of statutes Meaning of statute and duty of Courts Principles Statutes must prima facie be given their ordinary dictionary meaning however to arrive at the true meanings it is necessary to get an exact conception of aim, scope and object of the whole Act Where statute defines the limits for purposes of benefits a particular way, Courts are bound to give effect to show limitation without traveling outside those limits on a presumed intention of the Legislature, however, great the hardship might be to the parties, if any other course is followed. (c) Banking Tribunals Ordinance (LVIII of 1984) S.5 Civil Procedure Code (V of 1908), O.II, R.2--¬Damages, claim of Omission to sue for relief regarding damages Cause of action accrued on 10 12 1991 and suit for damages was filed on 16 1 1998 Plaintiff claimed damages on account of breach committed by the defendant in providing finance which cause of action was available to the plaintiff at the time of filing of earlier suit Effect -Plaintiff had to include the whole claim for which the plaintiff was entitled to make and by omitting not to sue in respect of such claim the plaintiff cannot afterwards sue in respect of portion so omitted or relinquished Plaintiff had a right to file suit for the recovery of damages, if any, suffered by him on account of breach of the obligation if any by the defendant before the Banking Court Plaintiff failed to avail the remedy available to him within the terminus quo prescribed under the Limitation Act, 1908 Cause of action accrued on 21 3 1990 and finally on 10…

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