Suit for Declaration in Pakistan with Permanent Injunction:
Suit for declaration in Pakistan
with permanent injunction was heard by the court. Contract document of
settlement of dower was prepared. Suit for declaration in Pakistan with
permanent injunction praying that plaintiff be declared owner of the property
in question in terms of contract (document of settlement of dower). Defendants
moved application under Order VII, Rule 10, C.P.C., contending that
subject-matter of the suit being recovery of dower, which fell within the
exclusive jurisdiction of the Family Court; therefore, Civil Court had no
jurisdiction to hear the suit. Held, under S. 5 of the West Pakistan Family
Courts Act, 1964, Family Court enjoyed exclusive jurisdiction to try matters
enumerated in the First Schedule and dower being an item mentioned in the
Schedule, the exclusive jurisdiction to entertain the suit
for declaration in Pakistan with permanent injunction was with Family
Court. Jurisdiction vested in Courts under special law i.e., West Pakistan
Family Courts Act, 1964 Ousted the plenary jurisdiction of Civil Courts.
According to Law of Pakistan:
Said jurisdictional boundaries
had to be maintained and any proceedings before a forum lacking jurisdiction
could not be permitted to continue, therefore proceedings before the Civil
Court were coram non judice and void. Application of defendant, under Order VII,
Rule 10, C.P.C., was allowed and plaint was returned to the plaintiff to file
the same before Family Court of competent jurisdiction. High Court observed
that it was painful to note that the suit of the plaintiff was filed in the
year, 2004 and it was now being returned for lack of jurisdiction in the year
2011 after almost seven years; had the Civil Court examined the plaint
judiciously and diligently parties could have been put on proper course seven
years ago. Jurisdiction vested in Family Court. Jurisdiction vested in Family
Court is determined on the basis of subject-matter and not on the basis of
persons, permitted or entitled to invoke such jurisdiction.
West Pakistan Family Court Act 1964:
No provision was available in
West Pakistan Family Courts Act, 1964, which Classifies or in any way limits
category of persons entitled to be a part to proceedings before Family Court. Proceedings
before Family Court were valid. Non applicability of provisions of C.P.C., to
such proceedings was relevant. Family Court could adopt procedure of its choice
in order to meet situation not visualized in West Pakistan Family Courts Act, 1964.
Provisions of C.P.C., were not applicable in proceedings under the West
Pakistan Family Courts Act, 1964 in case of suit for declaration in Pakistan
with permanent injunction. Provisions of C.P.C., were not applicable in proceedings
under the West Pakistan Family Courts Act 1964 and the latter excluded.
More about Law for Suit for Declaration in Pakistan:
The application of general
provisions of Civil Procedure Code, 1908 before Family Court, for progress of
the cases, had to regulate its own proceedings as West Pakistan Family Courts
Act, 1964 was deficient to cover each and every conceivable eventuality. Family
Court in such a situation could adopt the procedure in the civil procedure
Code, 1908 and as such the procedure adopted by the Family Court itself could
not be questioned. Proviso to Section 10(4) of West Pakistan Family Courts Act,
1964 was alleged to be violations of Injunctions of Islam. Petitioner could
raise such plea before Federal Islam Court and not before the High Court. High
Court dismissed Constitutional petition in circumstances.
For more information Visit:
https://suitoflegallaw.blogspot.com/2020/02/best-lawyer-for-dissolution-of-marriage.html
https://runkit.com/aleygill324/how-to-solve-suit-of-declaration-in-pakistan
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