1992 PLP 1468 (CLC)
FINANCE CORPORATION‑‑‑Petitioner Versus Soofi FAZAL DIN and others‑‑‑Respondents
| Citation | 1992 PLP 1468 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Munir A. Sheikh, J |
| Parties | FINANCE CORPORATION‑‑‑Petitioner Versus Soofi FAZAL DIN and others‑‑‑Respondents |
Q1: What are the key laws and sections cited in 1992 PLP 1468 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP 1468 (CLC)?
The case was heard and decided by the Lahore bench comprising: Munir A. Sheikh, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP 1468 (CLC) (FINANCE CORPORATION‑‑‑Petitioner Versus Soofi FAZAL DIN and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ali Sibtain Fazli for Petitioner.
- Muhammad Farooq for Respondents.
- Date of hearing: 18th November, 1991.
Headnotes / Summary
Cooperative Societies Act (VII of 1925)‑‑‑ ‑‑‑‑Ss. 54 & 70‑A‑‑‑Civil Procedure Code (V of 1.908), S. 115‑‑‑Revisional jurisdiction, exercise of‑‑‑Petitioner‑Corporation had contended that in suit filed against it by respondents it had raised a specific objection in its written statement that said suit was not competent under Section‑70‑A of the Act, but Trial Court without first deciding objection of Corporation, accepted application of plaintiffs/respondents for issuance of temporary injunction against arbitration proceedings initiated by Corporation under S. 54 of the Act against plaintiffs/respondents‑‑‑High Court accepted revision petition of Corporation and directed Trial Court to treat objection of petitioner -Corporation regarding incompetency of suit against it as preliminary objection and decide same after framing a preliminary issue with regard thereto.
Judgment & Decree
The order of the learned lower appellate Court dated 2‑3‑1982 impugned in this revision petition through which application of the respondents for issuance of temporary injunction against the arbitration proceedings initiated under Section 54 of the Cooperative Societies Act, 1925 by the petitioner have been stayed has been challenged on the ground that the suit itself filed by the petitioner was not maintainable as the Civil Court was vested with no jurisdiction to entertain the same under Section 70‑A of the Cooperative Societies Act, 1925. It has been brought to my notice that the petitioner has raised a specific objection in the written statement that the suit was not competent under Section 70‑A read with Section 54 of the Cooperative Societies Act, 1925, which has not yet been decided.
2. The learned trial Court is hereby directed to treat the said objection as preliminary objection and after framing a preliminary issue with regard thereto) decide the same before 30‑3‑1992 positively.
3. In this view of the matter this revision petition is disposed of because if the said objection is upheld the suit shall have to be dismissed and the plaintiff will have a right to challenge the same in accordance with law and if the objection is overruled the suit shall continue and in that case the vacation of the temporary injunction would not be proper the petitioner may seek remedy against the said order in accordance with law. There will be no order as to costs. H.B.T./N‑21/L Order accordingly.