Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.11

Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.11

Law: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)

Section: 7(4),15(11)

(a) Civil Procedure Code (V of 1908)-------O. VII, R.11(d)---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), Ss.7(4) & 15(11)---Specific Relief Act (I of 1877), Ss.12 & 54---Suit for specific performance of sale agreement and permanent injunction regarding property mortgaged with Bank---Application for rejection of plaint for want of jurisdiction---Validity---Subject-matter of the suit was a property mortgaged with bank---Jurisdiction of ordinary court to try such matter stood ousted by provision of S.7(4) of Financial Institutions (Recovery of Finances) Ordinance, 2001 being a special law---Special law, whenever enacted, would take precedence over general law---Decree obtained by Bank against applicant was under execution---Disputes relating to mortgaged property would be tried exclusively by Banking Cowl and jurisdiction of civil court in such context was barred---Plaint was rejected in circumstances. (b) Interpretation of statutes--- ----Special law, whenever enacted, would take precedence over general law. Ms. Sidra Fatima Sheikh for Petitioner. Nemo for Respondents. ORDER SYED ASGHAR HAIDER, J.---The respondents Nos.1 and 2 filed a suit for specific performance and perpetual injunction against the petitioner. The petitioner filed an application under Order VII, rule 11, C.P.C. praying for rejection of the plaint, pleading that the trial Court has no jurisdiction to adjudicate and try the present suit, in view of the enactment of Financial Institutions (Recovery of Finances) Ordinance, 2001, as jurisdiction in this respect is bestowed exclusively upon the Banking Courts, the jurisdiction of Civil Courts is barred. The respondents contested the application. The trial Court after hearing the parties dismissed the application. Hence the present petition. 2. The learned counsel for the petitioner contended that the subject matter of the dispute viz. Property No.126/1, situated at Kot Lakhpat, Industrial Scheme Lahore is a mortgaged property with the NDFC (now vesting in the National Bank of Pakistan). The learned counsel in this context referred to a letter issued by the National Bank of Pakistan dated 29-4-2004 affirming this…

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