1222/2008 Suit SHAH MUHAMMAD (Plaintiff) V/S EXPORT PROCESSIN ZONES AUTHORITY (Defendant)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 17-OCT-14
Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Specific Relief Act (I of 1877), S. 42---Limitation Act (IX of 1908), S. 3---Export Processing Zones Authority Ordinance (IV of 1980), S. 24---Suit for declaration---Plaint, rejection of---Scope---Contention of defendant was that plaint did not disclose cause of action and plaintiff had no locus standi to institute the present suit---Validity---Existence of "cause of action" to raise the "dispute" before a legal forum could not be denied when parties through their pleadings had directly or indirectly confirmed that they had a dispute between them---Contract between the parties with the title of "general agreement" was on record---Defendant had right to invoke arbitration clause under the said agreement---Dispute between the parties could not be decided without recording of evidence---Section 24 of Export Processing Zones Authority Ordinance, 1980 did not bar jurisdiction of civil court in deciding dispute with regard to declaration of right acquired under general agreement and lease deed---Question of point of time or computation of period of limitation to take the benefit of S.3 of Limitation Act, 1908 did not arise as long as the "cause of action" continued---Application for rejection of plaint was dismissed in circumstances.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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