| Case ID |
2384dbcb-b500-4809-935e-92f645753e53 |
| Body |
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| Case Number |
Suit No. 385 of 2003 |
| Decision Date |
Apr 08, 2014 |
| Hearing Date |
Oct 28, 2013 |
| Decision |
The application for rejection of the plaint was dismissed. The court held that the plaintiff's suit for compensation and damages was properly instituted, as it did not seek any relief regarding immovable property situated in Larkana. The court found that the plaintiff's claims were based on malicious prosecution and tortious acts, which fell under the jurisdiction of the Sindh High Court. The court concluded that it had territorial jurisdiction based on the location of the defendant's principal office and the nature of the claims made by the plaintiff. The court emphasized that the suit was not a banking matter and therefore could not be transferred to the Banking Court. |
| Summary |
This case revolves around a suit filed by Ali Nawaz against the National Bank of Pakistan and its associated employees for compensation and damages due to alleged malicious prosecution and misappropriation of property. The plaintiff claimed that he suffered financial losses and mental distress due to actions taken by the bank and its employees. The court analyzed the jurisdictional aspects of the case, clarifying that since the suit did not involve recovery of the mortgaged property, it fell under the original civil jurisdiction of the Sindh High Court. The court also determined that the plaintiff's claims were valid and that the case should remain with the High Court rather than being transferred to a Banking Court. This decision underlines the importance of understanding jurisdictional boundaries in civil litigation and the rights of plaintiffs to seek redress in appropriate courts without undue dismissal of their grievances. |
| Court |
Sindh High Court
|
| Entities Involved |
NATIONAL BANK OF PAKISTAN,
Rato Dero Branch,
District Larkana
|
| Judges |
NADEEM AKHTAR, J
|
| Lawyers |
Zahir Hussain Chishti,
Muhammad Imtiaz Agha
|
| Petitioners |
ALI NAWAZ
|
| Respondents |
NATIONAL BANK OF PAKISTAN through President and 6 others
|
| Citations |
2015 SLD 397,
2015 CLC 303
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.VII,R.11,
S19,
S20,
S16
|