Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 42---Sindh Finance Act (XIII of 1994), S.9 [as amended by S.5 of Sindh Finance Act (XV of 1996)], & S.10---Sindh Development and Maintenance of Infrastructure Fee Rules, 1994, R.3---Civil Procedure Code (V of 1908), O.VII, R.7 & S.9---Suit for declaration ---Vires of Legislation levying a fee ---Jurisdiction of Civil Court---Plaintiff had challenged vires of Ss.9 & 10 of Sindh Finance Act, 1994 whereby Government had imposed a levy known as `infrastructure fee'---Plaintiff had called in question Sindh Development and Maintenance of Infrastructure Fee Rules, 1994 in particular R.3 thereof and other rules, orders, notifications and demands issued by Government in respect thereof---Maintainability of suit was objected to by defendants contending that validity of laws could not be tested by a Civil Court in a civil suit filed under S.9 of C.P.C. as correct remedy for challenging any law would be a Constitutional petition under Art.199 of Constitution of Pakistan---Validity---Section 9, C.P.C. had clearly stated that a Civil Court had jurisdiction to try all suits of civil nature unless expressly or impliedly barred---No bar either in C.P.C. or in Constitution of Pakistan existed with regard to filing or maintainability of a civil suit challenging the vires of law---Challenging the vires of law would be a matter of civil nature which would come squarely within the parameters of S.9, C.P.C. PLD 1996 Sindh Statutes 135; PLD 1996 Sindh Statutes 435; Hamid Hussain v. Government of Pakistan 1974 SCMR 356; Malik Khizar Hayat Tiwana v. Punjab Province PLD 1955 Lah. 88; Chief Administrator Auqaf v. Pir Rashidud Daula PLD 1961 Lah. 993 ; Pakistan Investment Limited v. Pakistan PLD 1980 Kar. 275; Mondi's Refreshment Rooms and Bars v. Islamic Republic of Pakistan PLD 1983 Kar. 214; Hirjina & Co. v. Islamic Republic of Pakistan 1993 SCMR 1342; Mirpurkhas Sugar Mills Limited v. Consolidated Sugar Mills PLD 1987 Kar. 225; Arif Builders and Developers v. Government of Pakistan PLD 1997 Kar. 627; Mulji Haridas, v. Ibrahim Rahimtullah AIR 1932 Born. 166; Bhaira Bendara Narayan Bhup v. State of Assam AIR 1953 Asam 162;…

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