| Citation(s) |
|---|
| 1999 SLD 789 = 1999 CLC 954 |
High Court (AJ&K)
Civil Appeal No.43 of 1997, decided on 14th October, 1997. (On appeal from the order of the High Court, dated 9-5-1997 in Civil Miscellaneous No.5 of 1997).
Presented By: Present: Sardar Said Muhammad Khan, C.J. and Muhammad Yunus Surakhvi, J
Sardar Muhammad Sadiq Khan, Advocate for Appellant. Sardar Abdul Hamid Khan, Advocate for
Respondent.
Civil Appeal No.43 of 1997, decided on 14th October, 1997. (On appeal from the order of the High Court, dated 9-5-1997 in Civil Miscellaneous No.5 of 1997).
Presented By: Present: Sardar Said Muhammad Khan, C.J. and Muhammad Yunus Surakhvi, J
Sardar Muhammad Sadiq Khan, Advocate for Appellant. Sardar Abdul Hamid Khan, Advocate for
Respondent.
Sardar MUHAMMAD SARWAR KHAN---Appellant
VERSUS
SHAUKAT ZAMAN KHAN---Respondent
Law: Civil Procedure Code (V of 1908)
Section: 20
Civil Procedure Code (V of 1908)--- ----S. 20---Jurisdiction---Plaintiff was supposed to file his suit in Courts within local limits of whose jurisdiction defendant was residing and carrying on business or worked for gain---Even if a fraction of cause of action accrued within local limits of jurisdiction of a Court, that Court had the jurisdiction to entertain the suit---Plaintiff had option to choose his forum for instituting the suit where the cause of action wholly or partly arose. Messrs Ever Shine Candle Industries, Lahore and 36 others v. Muhammad Jamil PLD 1972 Lah. 845; Thakur Narindra Bikram Jit Singh and another v. Thakurain Sheo Ratan Kaur AIR 1923 Oudh 30; Laxmikant and others v. Govindra and others AIR 1927 Nag. 219; Inayat Ullah Khan v. Nisar Ahmad Khan AIR 1922 All. 65; Shiv Parshad v. Kanhaya Shah Ruchi Shah and another AIR 1920 Lah. 381; Roop Chand and others v. Gokul Chand and others AIR 1924 Lah. 249 and Muhammad Yasin and 2 others v. Ch. Muhammad Abdul Aziz PLD 1993 SC 395 ref. Civil Procedure Code (V of 1908)--- ----S. 20(c)---Jurisdiction---Cause of action---Concept---Even a fraction of a cause of action is a part of cause of action---Court in whose jurisdiction a fraction of cause of action accrues has jurisdiction to hear that suit. Messrs Ever Shine Candle Industries, Lahore and 36 others v. Muhammad Jamil PLD 1972 Lah. 845; Thakur Narindra Bikram Jit Singh and another v. Thakurain Sheo Ratan Kaur AIR 1923 Oudh 30; Laxmikant and others v. Govindra and others AIR 1927 Nag. 219; Inayat Ullah Khan v. Nisar Ahmad Khan AIR 1922 All. 65; Shiv Parshad v. Kanhaya Shah Ruchi Shah and another AIR 1920 Lah. 381; Roop Chand and others v. Gokul Chand and others AIR 1924 Lah. 249 and Muhammad Yasin and 2 others v. Ch. Muhammad Abdul Aziz PLD 1993 SC 395 ref. Civil Procedure Code (V of 1908)--- ----S. 20---Forum for instituting suit---Option of plaintiff to choose its forum for instituting suit where cause of action wholly or partly arose---Courts should be exceedingly reluctant to interfere with such right of plaintiff. Sardar Muhammad Sadiq Khan, Advocate for Appellant. Sardar Abdul Hamid Khan, Advocate for Respondent. Date of hearing:…