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PLJ 2016 SC 243

AFTAB MUNAWAR vs NOVARTIS PHARMA PAKISTAN LTD.

CitationPLJ 2016 SC 243
CourtSupreme Court of Pakistan
Case No.C.P. Nos. 224-K and 225-K of 2014
Date2015-08-19
Judge(s)Anwar Zaheer Jamali, Amir Hani Muslim
ResultLeave refused

ORDER

' Amir Hani Muslim, J.--Through these proceedings, the Petitioner has challenged the impugned order of the learned High Court passed in Civil Revisions, by which it has maintained the orders of the Courts below.

2. The learned Counsel for the Petitioner has contended that the learned High Court as well as the Courts below did not appreciate that the trial Court at Larkana was competent and had the jurisdiction to try the suits filed by the Petitioner before it against the Respondent. He in support of his contentions has relied on the provisions of Section 21 of Civil Procedure Code, which provides that the objection to the jurisdiction of a Court has to be raised in the first instance at the earliest possible opportunity and not subsequent thereto. The learned Counsel submits that in the written statement, the Respondent did not object to the territorial jurisdiction and objections were raised at a subsequent stage.

3. We have heard the learned Counsel for the Petitioner and perused the record.

4. Section 21 of the Civil Procedure Code does not entail penalty in case if the objection of the nature is not raised at the first instance. These provisions of Civil Procedure Code are directory in nature and cannot be construed as mandatory unless the language of the section entails penalty.

The learned High Court as well as Courts below have reached a finding against the Petitioner after scanning the relevant facts and law and such concurrent findings cannot be gone into unless it is shown that the judgment suffers from any legal infirmity.

5. We do not find any infirmity of the nature, which would warrant inference. These Petitions are misconceived and are accordingly dismissed.

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