Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. VII, R.11, O.XLIII, R.1 & S.115---First appeal from order---Maintainability---Nature of order of remand passed in the present case, by the Appellate Court in fact was to set aside an order of Trial Court whereby plaint was initially rejected though termed as dismissal of the suit---Second appeal in circumstances was not maintainable and the only remedy was to file a civil revision under S.115, C. P. C. ---High Court, in the interest of justice and equity, treated the first appeal from order as civil revision accordingly. (b) Specific Relief Act (I of 1877)--- ----Ss.42, 39 & 54---Companies Ordinance (XLVII of 1984), Ss. 7, 152 & 9---Civil Procedure Code (V of 1908), S.9---Suit for declaration, cancellation of documents and perpetual injunction by Director of a Company against the other Director and Joint Registrar of Companies seeking cancellation of purported resignation and deeds of transfer of shares on ground of being forged and fraudulent, ineffective and invalid---Question arose whether in view of the allegations of forgery, fraud, invalidity and fabrication of documents etc. as pleaded by the plaintiff in his suit for declaration, cancellation of documents and perpetual injunction could the Civil Court entertain and try the said suit, in view of provisions of S.7 read with S.152 of the Companies Ordinance, 1984---Held, Company Judge of the High Court was required to proceed expeditiously upon an application by following a "summary procedure" under S.9, Companies Ordinance. 1984 and such summary procedure did not visualize holding of a trial or an inquiry through a detailed evidence upon allegations of fraud, forgery and fabrication of documents etc. as had been convassed in the civil suit---Such suit therefore, was triable under S.9, C.P.C. by a Civil Court which was a Court of general jurisdiction in all civil matters---Principles. Messrs Chalna Fibre Company Limited, Khulna and others v. Abdul Jabbar and others PLD 1968 SC 381; Manzoor Ahmad Bhatti and others v. Haji Noval Khan and others 1986 CLC 2560; Akbar Ali Sharif and others v. Syed Jamaluddin and others 1991 MLD 203 and Syed Shafqat…

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