61/2013 J.M SALEEM A. SATTAR & ANOTHER (Petitioner) V/S M/S. ALPHA INSURANCE COMPANY LTD & OTHERS (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 03-FEB-15
Trusts Act (II of 1882)--- ----S. 34---Civil Procedure Code (V of 1908), S.2(4)---General Clauses Act (X of 1897), S.3(15)---Right to apply to court for opinion in management of trust property---Principal Civil Court of original Jurisdiction---Status---Petition under S.34 of the Trust Act, 1882 for reconstruction of trust deed---Question before the High Court was whether the Sindh High Court was the Principal Civil Court of Original Jurisdiction for purposes of S.34 of the Trust Act, 1882---Held, that distinguishing feature to hold the Sindh High Court as Principal Civil Court of Original Jurisdiction in Karachi and not a District Court was that except various districts in Karachi, the pecuniary jurisdiction of all district courts in Sindh or for that matter all over Pakistan was unlimited pecuniary jurisdiction and since the pecuniary jurisdiction of various district courts in Karachi was limited, therefore statuts of Principal Civil Court of Original Jurisdiction could not be conferred on the District Court---High Court's jurisdiction in civil cases was therefore simply a District Court jurisdiction exercised by the High Court---Petition in terms of S.34 of the Trust Act, 1882 was, therefore, maintainable and was allowed, 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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