- Under Rehabilitation laws and Administration of Evacuee Property Act the jurisdiction of Civil Court is excluded. Similarly under section 2,7 (2)(B) and 18 (3) of Pakistan Rehabilitation Act, the powers to eject a person to whom the land has been allotted is that of rehabilitation authorities and not that of a civil court. Similarly an injunction cannot be issued by the civil Court when the prayed relief is in respect of evacuee property. Manzoor H. & 6 others v. M. Azeem 2010 SCR 311 (D)
- S. 9 — CPC — Determination of nature of suits — All the suits of civil nature, which are based on the law relating to transfer of moveable and immovable property, are triable by a civil Court under section 9 of CPC. The only exception is that whereby any other law the jurisdiction of the civil Court is ousted, it cannot entertain a lis on the ground that the matter brought before the Court is one of civil nature. — Held: — To determine therefore whether a case is one of civil nature and is to be tried by civil Court or the jurisdiction of Civil Court is ousted by another law, it is basically the case of action and relief, which determines the forum for an aggrieved party. Manzoor Hussain & 6 others v. Muhammad Azeem 2010 SCR 311 (C)
- Civil Court’s jurisdiction while deciding a reference under section 18 is limited and the civil Court can only determine the question categorically mentioned by the party. Azad Government and 3 others v. Riaz Ahmed & another 2007 SCR 468 (F)
- After himself choosing the forum of civil Court and having been ultimately deprived of the expected result, the appellants cannot turn round and say that the civil Court had no jurisdiction to hear the suits. Ali Begum and 10 others v. Noor Hussain Khan 2003 SCR 30 (C)
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