' DOST MUHAMMAD KHAN, J.---Impugned herein is the judgment of learned Civil Judge-III Peshawar dated 14-6-2011, who dismissed the application of the petitioner, filed under Order VII Rule 10 C.P.C., for return of the plaint because for want of territorial jurisdiction.
' Arguments heard and record perused.
2. Admittedly, the present controversy according to the pleadings of the parties is with respect to the forest, situated at District .Kohistan. Both the parties have laid rival claims to the timber standing in the forest on the strength of their respective pleas.
3. It was also stated at the bar that a 3rd rival claimant has filed a suit against the same parties/respondents in the Court of learned Civil Judge at Kohistan involving the same controversy, Issues of law and facts thus, the Civil Court at Peshawar, keeping in view the provision of section 16, C.P.C., was having no jurisdiction to entertain or try the suit.
4. We have gone through the record, the facts admitted and established on record and the statement made at the bar with regard to the second suit pending disposal before the Court of learned Civil Judge at Kohistan with regard to the same dispute and almost on the same cause of action and keeping in view the provision of section 16 of the C.P.C. Which clearly stipulates and commands that suits for recovery of immovable property with or without rent or profits, for determination of any other right to or interest in immovable property shall be instituted in the Court within whose jurisdiction, the property is situated thus, we feel no hesitation to hold that the civil Court at Peshawar was having no territorial jurisdiction in the subject matter, hence, the suit was neither cognizable nor triable by the civil Court at Peshawar, moreso, when the second suit with regard to the same dispute is pending disposal before the Civil 'Court at District Kohistan and because of that, the possibility of conflicting judgments and decrees could not be ruled out, therefore, judged and considered from all angles, the impugned judgment of the trial Court is without jurisdiction and is not sustainable in law, hence, the same is set aside and it is held that it was having no jurisdiction in the subject matter.
' Accordingly, the suit/plaint be returned to the espondents/plaintiffs in original along with all annexures within the meaning of Order VII Rule 10, C.P.C. To be presented to the Court at District Kohistan and preferably in the same Court where the second suit is pending disposal while a set of photocopies be retained for record.
' We have deliberately avoided to discuss as to whether the suit has been deliberately under valued for the purpose. Of Court Fee and jurisdiction or it is otherwise and we leave this matter for the Civil Court at Kohistan to decide when the suit is instituted/presented there and that Court shall get guidance from various reported judgments on this point, also keeping in view the provision of section 7(x)(a) of the Court Fees Act, 1870.