Law:

Section:

MUHAMMAD YUNUS SURAKHVI, J.‑‑‑This appeal, with the leave of the Court, has been filed against the judgment and decree passed by the High Court on 18‑2‑1998, whereby the appeal filed by the appellant against the judgment and decree passed by the District Judge, Mirpur, dated 30‑12‑1995, was dismissed.   The necessary facts, giving rise to the present appeal, briefly stated, are that a suit for recovery of Rs.1,96,276 was filed by the appellants herein, in the Court of District Judge, Mirpur against the respondents. The suit, in the said Court, was at its initial stage, when an application on behalf of one of the defendants‑respondents to transfer the same to the Court of Additional District Judge, Bhimber, was moved. The aforesaid application, after receiving the objections from the opposite side, was accepted and the suit was returned to the plaintiffs‑appellants for its presentation to the Court of competent jurisdiction at Bhimber vide the order of the trial Court, dated 30‑12‑1995. Against the aforesaid order, an appeal was preferred by the appellants in the High Court which was dismissed vide the impugned order, dated 18‑2‑1998. It is the aforesaid order of the High Court which is the subject of present appeal.   In support of the appeal, it was vehemently contended by Ch. Riaz Alam, the learned counsel for the appellants, that both the District Judge and the High Court have committed an error by returning the plaint to the plaintiff‑appellants with a direction that the same may be filed before the Court of competent jurisdiction at Bhimber as the defendants permanently reside at Bhimber and the work was also accomplished within the territorial limits of the jurisdiction of Additional District Judge, Bhimber. The learned counsel submitted that both the Courts below lost sight of the fact that section 20 of the Code of Civil Procedure regulates and determines .the jurisdiction within whose limits, the suit is to be instituted. The aforesaid provision of the Code clearly postulates that the suit may be filed within the territorial limits of the jurisdiction of the Court where the defendant or defendants voluntarily…