| Case ID |
514a0dec-7866-4e3a-ade6-d2b2fe515237 |
| Body |
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| Case Number |
Suit No. Nil and C.M.As. Nos. 14 & 1371 of 2008 |
| Decision Date |
Aug 20, 2008 |
| Hearing Date |
|
| Decision |
The High Court upheld the objections raised regarding the territorial jurisdiction of the Trial Court. The Court concluded that since the property in dispute was situated at Tando Adam and both parties resided there, the suit should have been filed in the Court at Tando Adam. Consequently, the plaint was returned to the plaintiff for proper presentation before the appropriate Court in accordance with Section 16 of the Civil Procedure Code. This decision emphasizes the importance of proper jurisdiction in civil suits and reinforces the procedural requirements for filing cases. |
| Summary |
In the case of GHULAM FAREED vs. SHAHIDUDDIN TUGHALAQ, the Sindh High Court addressed the issue of territorial jurisdiction concerning a property dispute. The plaintiff, GHULAM FAREED, claimed rights to certain land based on agreements executed with the defendant, SHAHIDUDDIN TUGHALAQ. The core of the dispute revolved around the location of the property and the jurisdiction of the court. The defendant contested the jurisdiction of the Trial Court, asserting that the property was located in Tando Adam, where both parties resided. The plaintiff argued for jurisdiction based on an agreement executed in Karachi. However, the High Court found that the plaintiff's claims and the subject matter of the suit were intrinsically linked to Tando Adam. The Court ultimately ruled that the suit was improperly filed in Karachi and returned the plaint for proper presentation in Tando Adam. This case highlights the critical nature of jurisdiction in legal proceedings and the necessity for compliance with procedural law in civil cases. |
| Court |
Sindh High Court
|
| Entities Involved |
Habib Bank Ltd,
Messrs Tanweer Textile Mills Ltd,
Bhittai Corporation
|
| Judges |
ARSHAD NOOR KHAN, J
|
| Lawyers |
Zaheer H. Minhas,
Raja Mir Muhammad
|
| Petitioners |
GHULAM FAREED
|
| Respondents |
SHAHIDUDDIN TUGHALAQ
|
| Citations |
2008 SLD 2737,
2008 PLD 536
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Civil Procedure Code (V of 1908)
|
| Sections |
12,
16,
O.VII, R.10
|