Law: Civil Procedure Code (V of 1908)

Section: 10 , 79 , 115

Civil Procedure Code (V of 1908)--- ----O.VII, R.10, Ss.79 & 115---Decree in suit against defendants---Suit was filed at a place where neither cause of action had arisen nor any of the defendants resided or had its offices Court decreeing plaintiff's suit and Appellate Court affirming the same in appeal had no territorial jurisdiction---Cause of action had partly arisen at ' P' and partly at ' L'---Decrees and judgments of Trial Court as affirmed in appeal were set aside and case was remitted to Trial Court with direction that plaint be returned to plaintiff. For presentation to proper forum which had the jurisdiction---Plaintiff; if so advised, could also implead Government of the Province as party within contemplation of S.79, C.P.C. Muhammad Rafique Baloch for Petitioner. Muhammad Zahid Khan for Respondents. JUDGMENT BY this Single Judgment I propose to dispose of C.Rs. Nos. 123 and 124 of the year, 1994, as both these are inter connected and through both the revision petitions one and the same judgment of the learned Appellate court has been challenged. The facts relevant for the disposal of three revision petitions are that Muhammad Mussadiq plaintiff (respondent herein in both the revision petitions) filed a suit to the effect that he had passed examination of Dispenser and after passing the said examination the petitioners were required to register him and issue him Category ' C' Registration Certificate; that the plaintiff-respondent had passed the examination of Dispenser in November, 1978 under Roll No.987 from Punjab Medical Faculty, Lahore and he was issued a Certificate bearing No.01730 registered No.2167 x 77 dated 24-2-1979; that the plaintiff respondent applied for Category ' C' registration and for Category pharmacy Certificate on 8-12-1987, which application was received by the defendant-petitioners vide Receipt No.4600 dated 8-12-1987; that uptil the institution of the suit i.e. 19-6-1990, the defendant-petitioners had failed to send Category ' C' registration Certificate in the name of the plaintiff-respondent as they were bound to do the same because the plaintiff-respondent had passed the…