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K.L.R. 2008 Civil Cases 242

Bashir Muhammad Farooqi And Another vs Muhammad Zaman Khan And

CitationK.L.R. 2008 Civil Cases 242
CourtLahore High Court
Case No.C.R. No. 258 of 2000
Date2001-04-26
Judge(s)Sayed Zahid Hussain
ResultOrder accordingly

ORDER

SAYED ZAHID HUSSAIN, J.-A suit for recovery of definite amount was filed by respondent No. 1 at Civil Court Vehari against the petitioner in which he filed an application under Order VII, Rule 11, C.P.C, that Civil Court had no jurisdiction in the matter. The application was contested. By order dated 3.2.2000, the learned Trial Judge dismissed the application for the view taken by him that at this stage, the contents of the plaint are to be perused, according to which prima facie he took the view that the plaint could not be rejected.

2. During the course of hearing of this petition, the learned counsel for the parties are at one that after filing of written statement by the petitioners in which they may taken an objection as to the jurisdiction of Civil Court, the Trial Court may frame an issue thereabout, which should be decided after recording of evidence produced by the parties is support of their respective pleas. The course so chosen by the learned counsel for the parties is just and fair. Accordingly, this petition is disposed of with an observation that the learned Trial Court will frame an issue as to its jurisdiction if any objection to that effect is taken by the petitioners in their written statement and decide the same in accordance with law. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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