Law: Civil Procedure Code (V of 1908)

Section: 10

Law: Constitution of Pakistan, 1973

Section: 185(3)

Civil Procedure Code, 1908 (V of 1908)-- ----O.VII, R. 10--Constitution of Pakistan, 1973, Art. 185(3)--Application for return of plaint--Dismissed--Civil revision--Dismissed--Suit for cancellation of agreement--Exchange deed--Mutual agreement--Exclusive jurisdiction--Clause 25 of agreement was binding upon parties--Challenge to--Suit lands were situated Lahore and Sargodha--It is a settled proposition of law that parties cannot by agreement confer jurisdiction upon any Court when otherwise Court has no jurisdiction--No doubt, a party cannot be restrained to enforce his right in ordinary Court of law but if by mutual agreement between parties a particular Court having territorial and pecuniary jurisdiction is selected for determination of their dispute, there appears to be nothing wrong or illegal in it--When agreement was arrived at between parties and signed at Lahore and in furtherance of agreement addendum and exchange deeds were executed and registered at Lahore, jurisdiction also in this matter was with both Courts i.e. at Sargodha where suit was filed as well as at Lahore where document was got registered and some of property was situated--Clause 25 of agreement is binding upon parties, civil Court at Lahore has exclusive jurisdiction to entertain and try suit--Appeal allowed.     [Pp. 57 58] A B 1992 SCMR 1174 ref. ORDER Amin-ud-Din Khan, J.--Through this petition filed under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 leave has been sought against the order dated 2.11.2021 whereby Civil Revision No. 53868 of 2021 filed by the petitioner was dismissed. 2. Notice was issued to the other side vide order dated 20.5.2022. We have heard the learned counsel for the parties at length and gone through the record as well as law applicable on the facts of this case with the able assistance of learned counsel for the parties. 3. A suit for cancellation of agreement etc. with multiple prayers was filed by Respondent Nos. 1 to 3 against the petitioner as well as Respondent Nos. 4 to 8 on 2.9.2019 in the Court of Senior Civil Judge, Sargodha. Written statement was filed by the petitioner/Defendant No. 1 as well as an application…

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