Law:

Section:

Civil Procedure Code (V of 1980)------O. VII, R.10---Specific Relief Act (I of 1877), S.8---Suit for possession---Return of plaint---Question of jurisdiction of the Court--­Determination of---When a challenge was thrown about Court's jurisdiction, then it was incumbent on the Court to decide such question in the first instance before proceeding further on merits---Where the Court would come to conclusion that it had no jurisdiction in the matter, then it must abstain from proceeding any further and embarking on the merits of the case---Neither Trial Court nor Appellate Court, in the present case, had appreciated said legal aspect of the case---Courts below thus, had committed material irregularity---High Court accepting revision petition, set aside impugned /order passed b the Courts below. 1999 SCMR 348; PLD 1973 SC 214; 1995 CLC 1566; Raja Khurshid Ali v. Dr. Abdul Malik 1991 SCMR 1944; Miss Rukhsana Ijaz v. Secretary, Education Punjab and others 1997 SCMR 167; Javed Hussain Shah v. Government of Punjab and others 1998 SCMR 220 and Asadullah Rashid v Haji Muhammad Munir and others 1998 SCMR 2129 ref. Mian Iqbal Hussain for Petitioners. Haji Abdur Raziq Khan for Respondents. Date of hearing: 14th April, 2005. JUDGMENT Respondents Nos. 1 to 14/plaintiffs filed suit for possession against respondents. Nos. 15 and 16 in the Court of learned Civil Judge/Illaqa Qazi, Swat. Before respondents Nos. 15 and 16/defendants could file their written statement, they moved an application under Order VII, rule 10, C.P.C. on 7-5-2003 for return of the plaint due to lack of jurisdiction of the Court. It was, however, on 17-6-2003 that Messrs Muhammad Afzal Khan and Muhammad Alam Khan, petitioners filed an application for their impleadment in the suit. The said application was allowed by the learned trial Court and they were directed to be impleaded as defendants vide judgment/order dated 8-1-2004. Respondents Nos. 1 to 14 filed appeal in the Court of learned Additional District Judge/Izafi Zilla Qazi, Swat, which was allowed the impugned judgment/order was set aside vide judgment/order dated 16-3-2004. Being not contented with the judgment/order passed by the learned Appellate…

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