Law: Civil Procedure Code (V of 1908)

Section: 19

Law: Civil Procedure Code (V of 1908)

Section: 19

Civil Procedure Code (V of 1908)------S. 19, O. VII, R.10 & O.XLIII, R.1(a)---Suit for recovery of amount towards compensation for wrong---Territorial jurisdiction of court---Return of plaint---Plaintiff filed suit in court at place `H'---Defendant company along with written statement filed application for return of plaint on the ground that branch office of the defendant-company' was at place "I"; and that it had no business with territorial limits of `H'; and that court at had no jurisdiction in the matter---Trial Court allowed application filed by the defendant and ordered return of plaint---Validity---Section 19, C.P.C. related to all types of suits arising out of wrong to the person or movables, however, same could be filed at the option of the plaintiff; i.e. either in the court within local limits of whose jurisdiction the wrong was committed or within the local limits of whose jurisdiction the defendant resided, carried on business or worked for gain, regardless of where the cause of action accrued---Address of defendant had been given therein to be at place "I"---Exercise of jurisdiction respecting return of plaint, was perfectly in accordance with law---Choice of the plaintiff to see. wherever he desired; and that, too, in disregard of provisions contained in the statute, would never prevail, particularly when there was no uncertainty regarding determination of jurisdiction of the court---No illegality or irregularity had been committed by the court below in returning the plaint---Well reasoned and order of the court below could not be upset, in circumstances. Muhammad Iqbal Khan for Appellant. Malik Manzoor Hussain for Respondents. Date of hearing: 27th May, 2010. JUDGMENT ABDUL SAMAD KHAN, J.---Controversy in instant appeal emanates from suit for recovery of Rs. 20 Million towards compensation for wrong allegedly done to the petitioner by the respondent which was filed in the court of Senior Civil Judge, Haripur and entrusted to Civil Judge-I, Haripur for adjudication and disposal. 2. It was averred therein that Irif Khan Tareen, appellant herein, was residing in Italy along with his family for earning his livelihood while he was permanent…

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