FAIZ UDDIN AHMAD vs MUHAMMAD YUSUF AND Other
This matter concerns a petition for leave to appeal before the Supreme Court of Pakistan, arising from a dispute over the transfer of property under Land Settlement Law. The core legal questions presented for examination are twofold: first, whether the Civil Court possessed the requisite jurisdiction to adjudicate the subject matter of the suit, specifically regarding property transfers governed by Land Settlement Law; and second, whether the High Court, upon finding that the Civil Court had jurisdiction after the plaint was initially rejected under Order VII, Rule 11 of the Code of Civil Procedure 1908, erred by remanding the case for trial rather than deciding the matter itself and decreeing the suit in favour of the respondent. The Supreme Court granted leave to appeal to address these jurisdictional and procedural issues, directing that the appeal be prepared for hearing on the existing record with liberty for parties to submit additional documentation.
- Does a Civil Court have jurisdiction to try a suit relating to the transfer of property under Land Settlement Law?
- Should a High Court remand a case for trial or decide the matter itself when it determines the Civil Court had jurisdiction after an initial rejection of the plaint under Order VII, Rule 11 of the Code of Civil Procedure 1908?
- Order VII Rule 11, Code of Civil Procedure 1908
ORDER
1. MUHAMMAD AFZAL ZULLAH J.--After hearing the learned counsel we consider it a fit case for grant of leave- to appeal for examination of the following two questions :-
(1) Whether the Civil Court had jurisdiction to try the subject-matter o the suit in question, which related to the transfer of the property under Land Settlement Law 7 and
(2) Whether in case the civil Court has jurisdiction, the High Court should have, instead of remanding, the case for proper trial and decision by the learned trial Court (the plaint was rejected in this under order VII, rule 11), decided it itself, decreeing the suit in favour of the respondent ?
2. Order accordingly. Security Rs. 2,500.
3. The appeal shall be prepared for hearing within two months on the present record with liberty to the parties to file additional documents, if necessary,