Law: Specific Relief Act, 1877

Section: 42,54,55

Law: Civil Procedure Code (V of 1908)

Section: 20,120,16,17

(a) Specific Relief Act (I of 1877)--- ----Ss. 42, 54 55---Civil Procedure Code (V of 1908), S. 20---Suit for declaration, permanent and mandatory injunction---Suits to be instituted where defendants reside or cause of action arises---Scope---Plaintiff filed suit for declaration, permanent and mandatory injunction claiming therein that despite having emerged as lowest bidder and having been issued tender documents, he was not being awarded contract by the defendants---Contention of defendants was that contract, if any, was to be awarded at district ‘S’, therefore, High Court had no jurisdiction to entertain the suit at district ‘K’---Validity---Suit was to be instituted in a Court within the local limits of whose jurisdiction the cause of action, wholly or in part had arisen---Pre-qualification process had taken place at ‘S’, the tender documents were issued from and submitted to the procuring agency at ‘S’, the bids were opened at ‘S’ and the contract was to be awarded at ‘S’---Dispute had no nexus with ‘K’---Plaintiff argued that part of the cause of action had arisen at ‘K’ as a letter intimating the plaintiff that it had pre-qualified for the project was addressed to the plaintiff at ‘K’---Mere letter addressed to the plaintiff at ‘K’, which was not an offer to a contract, was of no consequence---No part of the cause of action for the suit had arisen within the local limits of the High Court at ‘K’---Civil Court at ‘S’ had territorial jurisdiction to entertain the suit---Plaint was returned. Searle IV Solution (Pvt.) Ltd. v. Federation of Pakistan 2018 SCMR 1444 distinguished. (b) Civil Procedure Code (V of 1908)--- ----Ss. 120, 16, 17 20---Provisions not applicable to High Court in original civil jurisdiction---Scope---Section 120, C.P.C. would be triggered only if the cause of action for a suit arises within the territorial limits of ‘K’ and the suit falls within the pecuniary jurisdiction of the High Court of Sindh at Karachi---If both of these pre-requisites are not met, then Ss. 16, 17 20, C.P.C. continue to hold the field. Shamshad Begum v. Syed Iftikhar Hussain Jafri 2018 CLC 1795 and Land Mark Associates v. Sindh Industrial Trading Estate Ltd. 2018…

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