Law: Civil Procedure Code (V of 1908)

Section: 9,20,19,24,10

Law: Transfer of Property Act, 1882

Section: 28

(a) Civil Procedure Code (V of 1908)--- ----Ss. 9 & 20---Transfer of Property Act (IV of 1882), S.28---Concurrent jurisdiction of Trial Court---Consent of parties---Principle---When two or more Courts have concurrent jurisdiction in the matter and parties to a contract/dispute choose to confer jurisdiction upon one of such Courts, then such agreement is not violative of law---Court so chosen assumes jurisdiction in the matter. State Life Insurance Corporation of Pakistan v. Rana Muhammad Saleem 1987 SCMR 393 rel. (b) Civil Procedure Code (V of 1908)--- ----Ss. 19, 24 & O.VII, R.10---Transfer of case---Principle---Defendant sought transfer of suit pending before Court at place "M" to Court at place "L"---Plea raised by defendant was that Court at place "M" had no jurisdiction to adjudicate upon the suit---Validity---Territorial jurisdiction of Trial Court, before whom the suit sought to be transferred was pending, had to be determined before the suit was transferred---Suit could only be transferred under S.24, C.P.C., from a Court competent to try it---Territorial competency/jurisdiction of Trial Court at place "M" was a contentious issue, which could not be determined in such proceedings---High Court directed that Trial Court at place "M" should first determine question of its territorial jurisdiction before proceeding further in the matter---Application was dismissed accordingly. Standard Insurance Co. v. Pak Garments Ltd. 1998 SCMR 1239 ref. THIS JUDGMENT PASSED BY: MAMOON RASHID SHEIKH, JUSTICE:---.--- The instant petition has been moved by the petitioner under Section 24 of the C.P.C. seeking transfer of the respondent's suit, against the petitioner, for rendition of accounts entitled "Ghulam Farid Zahid v. M/s Sixon Pakistan (Pvt.) Limited and three others" pending in the Court of Ms. Mehnaz Hayat, Civil Judge 1st Class, Multan, to the Court of Mr. Farooq-e-Azam Sohal, Civil Judge, Lahore, before whom the petitioner's suit, against the respondent, for recovery of Rs.6.276 Million is pending. 2. The learned counsel for the petitioner submits that the head office of the petitioner, a private limited company, is situated at Lahore. The contract…

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