Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,r.2,S.20

Law: Civil Procedure Code (V of 1908)

Section: O.XXXVII,r.2,S.20

(a) Civil Procedure Code (V of 1908)-------Ss. 20, 24 & O. XXXVII, R. 2---Suit for recovery of money on basis of promissory note---Transfer application by defendant on ground that Trial Court at place "J" had no jurisdiction to entertain same as he was residing in District "R"; that three of defendants being female could not pursue suit filed at place "J"---Validity---Money suit could be filed either at place where cause of action as a whole or fraction thereof had accrued to plaintiff or before court in whose jurisdiction defendant was residing or had ordinary place of business---Cause of action in favour of plaintiff had firstly arisen at place "J", where witnesses of promissory note were residing and whose production at place "R" would be inconvenient for plaintiff---Plaintiff was struggling for recovery of suit amount since year 2006, which he had paid to predecessor-in-interest of defendants in year 2003, thus, he could not be further burdened by transferring suit from place "J" to place "R"---Acceptance of such application would further multiply plaintiffs difficulties---Court at place "J" had jurisdiction to try present suit---High Court dismissed such application while directing Trial Court to decide suit within shortest possible time without caring for technicalities etc. Khawaja Mehmood Hassan and another v. Zubair Ahmad and another 1988 CLC 1914; Pakistan Kuwait Investment Company (Pvt.) Ltd. v. Saadullah Khan and Brothers and 14 others 2010 CLD 760; Messrs Pak Suzuki Motor Co. Ltd. v. Muhammad Jumshad Saeed 2009 CLD 503 and Shehzad Hamayun v. Muhammad Akram 1991 MLD 530 ref. (b) Civil Procedure Code (V of 1908)--- ----S. 20---Money suit, place of institution of---Scope---Plaintiff could file such suit either at place where cause of action as a whole or fraction thereof had arisen to him or before court in whose jurisdiction defendant was residing or had ordinary place of business. Sheikh Mushtaq Ali for Petitioners. Abid Saqi for Respondent. ORDER IJAZ AHMED CHAUDHRY, C.J.---- By means of this application the petitioners have sought transfer of suit titled "Hamayun Khan v. Mst. Malka etc." filed by the respondent against them under Order XXXVII,…

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