KHAN FOREST THROUGH, MANAGING DIRECTOR versus ABDUL QAYUM KHAN
A. VIII, R10 Specific Relief Act (I of 1877), Section 42 was related to the forest located in District DK pursuant to the parties' requests for a return to the dispute, while the defendants filed a case in court. The third rival claimant in District P filed a petition in the court against the same parties / defendants; the same dispute was involved in the DK. There was no territorial jurisdiction in the matter at the place of civil court. The suit was neither recognizable. Nor was there a civil litigation case when the court had a second case in place in the same dispute in the DK, which was under trial to deal with the controversial decisions and orders before the civil court. Cannot be filed, under which the plaintiff's application is filed under the VII. 10, the CPC was denied for the return of the plaintiff and was not without the jurisdiction of the law and was not sustained in law. TR Plante was ordered to present the defendants to the DK court and to appear mostly in the same court where the second case was settled.
Related judgments — Peshawar High Court NWFP, 2012
