Law: Civil Procedure Code (V of 1908)

Section: VII,10

Civil Procedure Code (V of 1908)-------O. VII, R. 10---Suit filed in Pakistan---Territorial jurisdiction---Scope---Return of plaint---Plaintiff (private limited company incorporated in Pakistan) filed suit for damages against the defendant which was a telecommunications company based in the United Arab Emirates---Claim of the plaintiff's Chief Executive Officer was that he was arrested when he landed at Dubai Airport due to a criminal case registered for fraudulent misuse of a SIM card issued by the defendant---Defendant filed an application under O. VII, R. 10 of the Civil Procedure Code, 1908--Validity---Suit was misconceived, for having been brought in the name of the wrong plaintiff as the cause of action, if any, accrued in favour of the Chief Executive Officer in his individual capacity rather than the company, and that too beyond the territorial jurisdiction of the Court---Application under O.VII, R. 10 of the Civil Procedure Code, 1908, filed by the defendant, was allowed, in circumstances, and the original plaint was returned.Date of hearing: 16th April, 2024.ORDERYOUSUF ALI SAYEED, J.---The Plaintiff is a private limited company incorporated in Pakistan, whereas the Defendant is a telecommunications company based in the United Arab Emirates.2.    The Suit is one for damages, and has been brought on the averment that the Plaintiff's chief executive officer was arrested when he landed at Dubai airport in the month of January 2020 (the exact date has not been specified), with it then coming to the fore that such action had been taken due to a criminal case that had been registered for fraudulent misuse of a SIM card issued by the Defendant against his passport at a point in time when the holder had not been in the UAE, and it being said that the issuance of the SIM was a wrongful act on the…