6
On his rejoinder the counsel for the defendant submitted that the
plaint was filed on 11.05.2023 and notice of enforcement of the Act was
brought on 25.4.2023 and notice directed that on 1.05.2023 the Act will
start its operation therefore they filed the plaint when the Act was
enforce.
On the issue of damages, he contended that the plaintiff pleaded
for distress and loss of privacy which has to be asserted by the court
and the same can be granted or not hence cannot be specific damage
but general damage therefore this court has no jurisdiction, he prayed
this matter to be dismissed with costs.
I have considered the contending submissions by the learned
counsels from both sides. The issue to be determined is whether the
raised preliminary objections have merits.
On the issue of jurisdiction of this court, the defendant asserted
that the plaintiff was in breach of Section 13 of the CPC by filing this
case in this court because the damages prayed by the plaintiff is only
general damages and since the pecuniary jurisdiction of the High court is
determined by the specific damages prayed by the party to the case,
therefore this court has no jurisdiction
Page 6 of 12
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