394/2020 S.M.A Saleem Islam s/o late SYed Zafar ul Islam (Petitioner) V/S Wing Cdr Syed Feroze Ali Rizvi & others (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
394/2020 S.M.A Saleem Islam s/o late SYed Zafar ul Islam (Petitioner) V/S Wing Cdr Syed Feroze Ali Rizvi & others (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 23-FEB-22
Section 15 of the Civil Procedure Code provides that every suit shall be instituted in a Court of lowest grade competent to try it. The primary reason, amongst many, is that a right of appeal may be available before appellate jurisdiction which jurisdiction is asked to exercise concurrent jurisdiction. Concurrent jurisdiction could only be exercised in exceptional cases and circumstances which do not exist here. It could also be exercised when appeal is being heard and orders are required to be passed as being from original court/forum, for exercise of concurrent jurisdiction as in the case of Idara-e-Noore-Haq.