Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.10

Civil Procedure Code (V of 1908)--- ----O. VII, R.10---Return of plaint---Forged documents, determination of---Principe---Suit for recovery of money was filed at place "K" and defendant company sought return of plaint on the ground that courts at place "H" had territorial jurisdiction over the matter---Plea raised by defendants was that receipts attached by plaintiff with plaint were forged---Validity---"For the purpose of determining application under O.VII, R.10, C.P.C., contents of plaint were to be taken on their face value---Question of return of plaint must be determined on the basis of allegations made in plaint---Plaintiff's choice to sue defendant was circumscribed by two conditions i.e. place where cause of action accrued and the place where defendant resided or was carrying on business or personally worked for gain---Discretion under O. VII, R.10, Cr.P.C. had been given to court to return plaint at any stage of the suit for presentation before proper court---Court which had no jurisdiction over a suit could not pass any judicial order in such a suit except orders which statute had empowered it to pass---When court found that it had no jurisdiction to try the suit, it should return the plaint for presentation before appropriate court having jurisdiction---Allegation that plaintiff had manipulated and forged few documents, such aspect could only be decided after evidence and no definite finding could be given at such stage and preview of plaint adverting that no case of return of plaint was made out---Head office of defendant company was situated at place "K" therefore, plaintiff's suit was maintainable and court had ample jurisdiction to try and dispose of the same---Application was dismissed in circumstances. Ismat Asad v. Pakistan Oxygen Ltd. and another 2010 CLC 1226 distinguished. Muhammad Naveed Aslam and others v. Mst. Aisha Siddiqui and others PLD 2010 Kar. 261; Murlidhar P.Gangwani (Engineer) v. Engineer Aftab Islam Agha and others 2005 MLD 1506; Haji Riaz Ahmad v. Messrs Habib Bank Ltd. 2012 CLC 507; 2011 CLC 1176 and 2010 CLD 760 ref. ORDER MUHAMMAD ALI MAZHAR, J.---The plaintiff has filed this suit for recovery of money and prayed as…

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