Law: Civil Procedure Code (Amendment) Ordinance, 1980

Section: 20,21,1

Civil Procedure Code (V of 1908)---Ss.20, 21, O.VII, R.10 , O.XXXVII, R.1--- Recovery of money on the basis of dishonored cheque---Territorial jurisdiction / defendant assailed order passed by Trial Court declining to return plaint---Plea raised by appellant / defendant was that Trial Court did not have territorial jurisdiction over the matter as cheque was issued at place V whereas suit was filed at place K where the cheque was dishonoured---Validity---Courts in both the districts had concurrent jurisdiction to entertain the suit / plaintiff had option to choose forum for filing the suit in anyone of the districts having concurrent jurisdiction to entertain the suit---Such exercise of choice of forum by respondent / plaintiff could be objected to by appellant / defendant, except on the ground of mala fide to be established by him which had not been done---No reason existed to allow application to return the plaint filed in district K to be presented before Court at District V---High Court declined to interfere in order passed by Trial Court as the same was well within the jurisdiction of Trial Court and was based on proper appreciation of record and did not suffer from any illegality, error of law or jurisdictional defect---Appeal was dismissed, in circumstances. Hussain Bakhsh Awan v. Anjum Farooq 2013 MLD 769; Muhammad Aslam Motiwala v. Messrs Quice Food Industries Ltd. 2009 CLD 830; Abrar Ahmed v. Shaikh Zahoor Ahmed 2008 CLD 1288; Hamid Shehzad, Managing Director v. Muhammad Sohail Saeed 2005 YLR 3226 and Riaz Hussain Shahid v. Additional District Judge, Multan and 2 others 2005 YLR 266(2) rel. ORDER: MUZAMIL AKHTAR SHABIR, JUSTICE:---.--- Through this first appeal against order the appellant has called in question order dated 09.03.2020 passed by learned Additional District Judge, Khanewal whereby in a suit for recovery of money filed by the respondent against the appellant on the basis of two cheques amounting to Rs.45,50,000/- in total, the application filed by the appellant under Order VII, Rule 10, C.P.C., for return of plaint to be presented in the Court having territorial jurisdiction to entertain the same, has been dismissed. 2. It has been…

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