Law:

Section:

(a) Civil Procedure Code (V of 1908)------S. 9---Territorial jurisdiction---Objection---Objection as to the territorial jurisdiction is definitely a root question, and the same should have been decided at the earliest without taking a step further in the proceedings. (b) Civil Procedure Code (V of 1908)--- ----Ss. 9, 20(ii) & O.VII, Rr.10,. 11---Territorial jurisdiction--­Corporation having registered office outside Pakistan---Suit against the Corporation instituted in Pakistan-- -Objection was raised to the maintainability of the suit on the ground that the Courts in Pakistan lacked territorial jurisdiction over the matter---Application for rejecting/returning of the plaint was disposed of by the Trial Court by framing issues on the total controversy between the parties including pleas forming subject-matter of the application---Validity---Question of territorial jurisdiction was a mixed question of fact and law which could not be decided otherwise than recording evidence---Trial Court had not committed any illegality while framing issues on the said questions but had definitely committed illegality in the exercise of its jurisdiction while proposing to decide the issues along with the issues on merits---Questions forming subject-matter of the Corporation's application under O.VII; Rr.10 & 11, C.P.C. being root questions should have been tried at the earliest without taking any further step in the proceedings---High Court directed the Trial Court to decide the issues relating to territorial jurisdiction and lack of cause of action as preliminary issues---Revision was dismissed accordingly. (c) Civil Procedure Code (V of 1908)--- ----O. VII, R.1---Plaint---Failure to sign and court-fee on the first date---Effect---Plea that the court-fee had not been paid or that the plaint was not properly signed and verified might not be of any consequence as the court-fee had been paid and the same would be deemed to have been paid tan the date of filing of the plaint---Signing or verification of the plaint was a minor irregularity which could be cured by obtaining proper signatures on the plaint. JUDGMENT This civil revision is directed against the order, dated…

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