59/2020 I. A Arshad Mirza (Appellant) V/S Darsyus T. Sethna & another (Respondent)

59/2020 I. A Arshad Mirza (Appellant) V/S Darsyus T. Sethna & another (Respondent) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Omar Sial Order Date: 25-JAN-24

There is no cavil to this proposition that under special summary chapter, only special jurisdiction is conferred upon the court, proceeding whereunder could only be seen under negotiable instruments and any deviation thereof would give rise to an exercise of jurisdiction not vested upon the court and the order/judgment is only a nullity. In the instant matter, a decree is passed under summary chapter against an individual who has not executed any negotiable instrument and hence could not have been subjected to summary proceedings. Certainly, if the presence of appellant/defendant No.2 was necessary and important in the wisdom of plaintiff/respondent No.1, in the sense that he was a guarantor or that amount could be recovered from him, then the case could have been proceeded against them/him under ordinary civil jurisdiction. When confronted, Mr. Fazal ur Rehman that this decree could not have been passed under summary chapter against him and/or could not be executed against the appellant, learned counsel for the respondents though initially insisted that it was a belated attempt on the part of the appellant to raise this point, but later conceded as no limitation would run against an order which is a nullity or without jurisdiction in the eyes of law.