Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 20(c) & O. VII, R. 2---Money suit---Application for return of plaint--- Cause of action--- Scope--- Territorial jurisdiction---Determination of---Procedure---Suit for recovery of money was instituted wherein an application for return of plaint was moved---Contention of applicant was that contract was neither executed at place "A" nor the performance of the same was made within the territorial limits of the Court at that place---Application for return of plaint was dismissed---Validity---Suit could be instituted in a court within the local limits of whose jurisdiction cause of action wholly or in part had arisen---Contract was completed at place "A"---Plaintiff had option to choose his forum for instituting the suit where the cause of action wholly or in part had arisen---Present suit was rightly instituted at place "A", application for return of plaint was not maintainable---No illegality or material irregularity was pointed out in the impugned order passed by the Trial Court---Revision was dismissed in limine. (b) Words and phrases--- ----'Cause of action'---Meaning. Black's Law Dictionary Ninth Edition by Bryan A. Garner Editor in Chief; Abdul Hakim and 2 others v. Saadullah Khan and 2 others PLD 1970 SC 63 and M. Khurram Muggo v. Mst. Perveen Hameed Muggo and 3 others PLD 2007 Lah. 518 rel. THIS ORDER PASSED BY: MIRZA VIQAS RAUF, JUSTICE:---.--- This civil revision in terms of Section 115 of The Code of Civil Procedure (V of 1908) (hereinafter referred as "C.P.C.") questions the vires of order dated 12th of March, 2016, whereby the learned Civil Judge 1st Class, Lahore dismissed the application moved by the petitioners under Order VII, Rule 10 of "C.P.C." for return of plaint. 2. The facts in precision necessary for adjudication of instant petition are that the respondent instituted a suit for recovery of outstanding amount along with damages for breach of contract before the learned Senior Civil Judge, Lahore. The petitioners, being the defendants submitted their written statement controverting the assertions contained in the plaint. When the proceedings were under way, an application was moved by the…

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