Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.11,O.XXXIX,r.4,S.9

Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.11,O.XXXIX,r.4,S.9

(a) Civil Procedure Code (V of 1908)-------S. 9---Jurisdiction of civil court---When Court having no jurisdiction proceeded with the matter, the entire proceedings would be illegal and without jurisdiction---Provision of S.9, C.P.C. vested jurisdiction in the civil court to try all the cases of civil nature, except those where its jurisdiction was ousted by any statute expressly or impliedly---Civil court was a court of ultimate jurisdiction and in cases where no other remedy was provided for, civil court would be the forum where relief could be sought for---Civil Court had the ultimate jurisdiction to examine the legality and illegality in the orders passed by concerned authorities. (b) Civil Procedure Code (V of 1908)--- ----O. VII, R.11 & O.XXXIX, R.4---Karachi Building and Town Planning Regulations, 2002, Regln.5-2-26---Rejection of plaint---Application for---Plaintiff in the case, though had filed complaint against defendant under Karachi Building and Town Planning Regulations, 2002, but did not wait for decision of the competent authorities and came to the High Court without exhausting remedy provided to him by law---Application of the defendant filed, by him under Order VII, R.11, C.P.C. was allowed and plaint was rejected for want of jurisdiction as provided under Rgln. 5-2-26 of the Karachi Building and Town Planning Regulations, 2002---Status quo granted under O. XXXIX, R.4, C.P.C. stood vacated, in circumstances. Altaf Hussain for Plaintiff. M. Imran Butt for Defendant. ORDER MUHAMMAD AFZAL SOOMRO, C.J.--- These applications under Order VII, rule 11 and Order XXXIX, rule 4 of C.P.C. are filed by the defendant with the prayer to reject the plaint. The first application is under Order VII, rule 11, C.P.C. and the same has to be decided first. I have heard the learned counsel for the parties. From the argument of the learned counsel it transpires that there was a contract between the plaintiff and defendant which has been cancelled by the defendant and defendant has relied on Regulation 5-2-26 of the Karachi Building and Town Planning Regulations, 2002. The said rule is reproduced as under:-- "All disputes of the developer and allottee shall be…

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