Law:

Section:

Civil Procedure Code (V of 1908)--- ----Ss 16. 17, 120 & O.VII, R.11---Rejection of plaint---Territorial jurisdiction---Suit for partition of immovable properties situated in two Provinces---Application under O.VII, R.11, C.P.C. was filed by the defendant on the ground that except one property all the remaining suit properties were situated beyond the territorial jurisdiction of High Court---Validity---Where any of the reliefs could be granted by the Court, the plaint was not liable to be rejected---Provision of S.16, C. P.C. was not applicable in view of provisions of S.120, C.P.C. in the proceedings before High Court in exercise of original civil jurisdiction---Since one of the properties, in the present case, was situated within the jurisdiction of High Court, the matter pertaining to all other ancestral properties as well as relief for recovery of cash money was maintainable, before the High Court---Application for rejection of plaint was dismissed in circumstances. Lchhman Das v. Jimni Das AIR 1930 Lah. 418 and Syed Mir Shah v. Muhammad Badshah PLD 1985 Pesh. 74 ref. ORDER 1 & 2. By applications bearing Nos.7398 of 2001 and 7399 of 2001, moved on behalf of defendants Nos. l and 3.respectively under Order 7, rule 11, C.P.C. Defendants seek rejection of the plaint filed in the above suit. In support of these applications Mr. Safdar Hussain Shah Bukhari, Advocate for defendant No. 1 has advanced his detailed arguments. His contentions are that out of the property mentioned in the plaint two agricultural properties mentioned at paragraphs 4(a) and 4(b) of the plaint are at Attock, which is beyond the territorial jurisdiction of this Court, only the third property is located at P.E.C.H.S., Karachi, which is within the jurisdiction of the Court. Learned counsel has also referred to prayer at clauses (C), (D) and (E) which are as follows:-- (c) Declare that all the properties mentioned under paras. 2 and 4 therein above are liable to partition for the purpose of distribution of 'the shares to the respective shareholder and legal heirs. (d) Order for partition, sale and payment of 1/3 share from the agricultural land detailed under para.4(b) of the plaint…

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