Rejection of plaint

Citations1986 C L C 1181

Relevant Laws: 1986 C L C 1181

CategoryCriminal

Observations: 1986 C L C 1181

[Lahore]

Before Akhtar Hasan, J

MUNIR AHMAD Petitioner

versus

MUHAMMAD SADIQ Respondent

Civil Revision No. 181/D of 1986, decided on 18th January,1986.

(a) Civil Procedure Code (V of 1908)

Ss. 104, 115 & 0. XLIII, r. 1 Appeal against order incompetent ¬Revisional jurisdiction, exercise of Where appeal against order found to be incompetent, High Court would treat same as revision. [Revision (civil)].

(b) Civil Procedure Code (V of 1908)

0. VII, r. 11 Rejection of plaint Requirements Allegations in plaint apparently disclosing commission of tortious act and plaintiff claimed to have suffered agony and humiliation as result of such malfeasance, provisions of 0. VII, r. 11, Civil Procedure Code, 1908,held, would not be applied to such plaint.

(c) Civil Procedure Code (V of 1908)

S. 19 & 0. VII, r. 11 Jurisdiction of Court Immunity for official acts and plea of absence of territorial jurisdiction Scope and validity ¬Rejection of plaint Official, exceeding limits, by misusing official position, by causing wrongful loss to person aggrieved, held, could not claim immunity at law Plaint suffering from territorial jurisdiction, could not be rejected but would be returned for presentation to proper Court Part of action having accrued at place where suit was filed, Court would have jurisdiction to entertain such suit. [Jurisdiction].

(d) Civil Procedure Code (V of 1908)

S. 115 Revisional jurisdiction, exercise of Order of first appellate Court not suffering from any defect of jurisdiction High Court would decline interference in exercise of revisional jurisdiction in absence of such defect.

Malik Muhammad Nawaz for Petitioner.

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