Case Details

Citation(s)
1994 SLG 1533 1994 SLD 1533 = 1994 PLD 5
Peshawar High Court
Civil Revision No.519, of 1992, decided on 12th June, 1993.
Before Muhammad Bashir Khan Jehangiri, J
Mazullah Khan Barkandi for Petitioner. Muhammad Asif for
Respondent. Date of hearing: 12th June, 1993.

MUHAMMAD ASKAR KHAN---Petitioner

VERSUS

Agha EJAZ HUSSAIN ---Respondent

Law: Civil Procedure Code (V of 1908)

Section: 20(c)

(a) Civil Procedure Code (V of 1908)---

 

----S. 20(c)---Territorial jurisdiction of Court---Mode for determining---Suit for damages on basis of failure of vendee to pay to vendor entire sale consideration within stipulated period---Such suit was covered by provision of S.20(c), Civil Procedure Code, 1908---Sale agreement had been scribed and executed at "M", entire sale consideration in two instalments had also been paid at "M", thus, payment of money pursuant to contract was a part of cause of action---Where place of payment was not indicated, same has to be ascertained with reference to the intention of the parties---Rule that "debtor must seek the creditor" would apply, therefore, cause of action would be deemed to have accrued to plaintiff at "M"---Civil Court at "M" had thus, jurisdiction to entertain and try present case.- [Jurisdiction].

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