Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: 20(c),115,O.VII,R.11

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 80

Specific Relief Act (I of 1877)--- ----S. 42---West Pakistan Land Revenue Act (XVII of 1967), S.80---Civil Procedure Code (V of 1908), Ss.20(c), 115 & O.VII, R.11---Constitution of Pakistan (1973), Art.185(3)---Rejection of plaint---Partial cause of action---Territorial jurisdiction of civil court---Determination---Arrears of land revenue, recovery of---Plaintiff, a contractor was declared to be defaulter---District Collector of the District in which plaintiff was running the contract passed an order for recovery of defaulted amount as arrears of land revenue---District Collector of the District, where plaintiff was residing initiated the proceedings against the plaintiff on such order---Plaintiff assailed the recovery proceedings before civil courts in the district of his residence---Authorities filed application under O.VII, R.11, C.P.C. on the ground that Trial Court did not have territorial jurisdiction over the cause of action---Trial Court allowed the application and rejected the plaint---Order passed by Trial Court was maintained by Lower Appellate Court but High Court in exercise of revisional jurisdiction set aside the orders passed by both the courts below and directed Trial Court to decide the case in accordance with law---Validity---As cause of action had partly arisen at the district of residence of plaintiff, therefore, High Court was justified to reverse the orders of the courts below, while exercising power under S.115, C.P.C.---Judgment passed by High Court was in accordance with S.20(c), C.P.C. and settled law---High Court after reappraisal of evidence on record had come to a definite conclusion that part of cause of action had accrued to plaintiff at' the district of his residence---Supreme Court, while exercising power under Art. 185 (3) of the Constitution, declined to interfere with finding of fact recorded by High Court---Leave to appeal was refused. Jawahar Singh's case AIR 1926 Lah. 277 and Muhammad Yasin's case PLD 1993 SC 395 rel. ORDER CH. IJAZ AHMED, J.---The petitioners have sought leave to appeal against the judgment of the Lahore High Court, dated 8-5-2002 wherein the learned High Court had set aside the orders of the Courts…

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