Law: Civil Procedure Code (V of 1908)

Section: 20

(a) Civil Procedure Code (V of 1908)--- ----S.20---Suit to be instituted where defendant reside or cause of action arise---Scope---Lis can be brought against a defendant in a place where it “carries on business” and the Explanation provided by the Legislature states that a corporation shall be deemed to carry on its business at its “sole or principal office in Pakistan” or its “subordinate office” given that cause of action, partly or whole, arose there. United Distribution Pakistan Ltd v. Al-Syed Agrochemicals Services and others 2005 CLC 1659 and Messrs Brady, Co. (Pakistan) Ltd v. Messrs Sayed Saigol Industries Ltd. 1981 SCMR 494 ref. (b) Civil Procedure Code (V of 1908)--- ----S.20---Suit to be instituted where defendant reside or cause of action arise---Scope---Despite the words “shall be deemed” in Explanation 2 in terms defines the words “carries on business” used in cls. (a) and (b) of the section, and means that where the defendant is a corporation, it is deemed to be carrying on business at its sole or principal office irrespective of whether the cause of action has arisen there, as well as at the place where it has its subordinate office, provided the cause of action arises there. (c) Interpretation of statutes--- ----Explanation---Scope---Explanation is ratified by the Legislature to explain what would otherwise be doubtful or ambiguous legislation---To the extent that it explains a stipulated situation its function is definite inasmuch as it clarifies or defines the legal position in a supposed state of facts. Safdar Kamal for Applicants. Respondent through her attorney Abdul Qayoom. hearing date: 22nd April, 2021. JUDGMENT KHADIM HUSSAIN TUNIO, JUSTICE:---.--- -Through captioned revision application, the applicant (NADRA) has impugned the order dated 18.11.2020 passed by learned Additional District Judge-I, Khairpur whereby in an appeal against T.C Suit No. 07 of 2020, the learned Judge set-aside the order dated 30.09.2020 passed by learned Civil Judge-I, Kotdiji whereby he returned the plaint to the plaintiff, by consent of parties, while allowing an application under O.VII Rule 10 read with Section 151, C.P.C. 2. Learned counsel for the…

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