Law: Civil Procedure Code (V of 1908)

Section: 10

  Civil Procedure Code (V of 1908), O. VII, rr. 10 & 11--- Return of plaint for want of jurisdiction and not on ground of any legal objection-Rule 10 and not r. 11 applicable.   Suit-Place of suing-Absence of statutory provisions fixing place and forum of suing-Plaintiff can sue defendant in Court within whose jurisdiction defendant resides or carries on business-Jurisdiction of Courts in Pakistan, in absence of any variance with legislative enactments, must be ascertained on Common Law principles.   Kashinath Vovind v. Anant Sitaramboa I L R 24 Bom. 407; Dev Samaj Council Lahore v. Amritlal Motilal and others A I R 1934 Sind 123; Mahadeo Govind Suktandar v. Ramchandra Govina Suktankar and another 46 I L R 108 (sic) and Ewing v. Orr Ewing (1883) 9 A C 34 at p. 40 ref.   Civil Procedure Code (V of 1908), Ss. 16, 17 & 20 Restrictions contained in sections not applicable to High Court acting in exercise of its original civil jurisdiction-Civil Procedure Code (V of 1908), S. 120.   Kunja Mohan Chakarvarty and another v. Monidra Chandra Roy Chaudhury and another A I R 1923 Cal. 619 ; New Mofussil Co, Ltd. and another v. Shanker Lal Narayandas Mundade A I R 1941 Bom. 274 and P. M. A. Vellippa Chettiar and others v. Saha Govinda Doss and others A I R 1929 Mad. 721 ref.   Sind Courts Act (VII of 1926), S. 8 and High Court of West Pakistan (Establishment) Order (XIX of 1955), S. 5-Do not prescribe place of suing-High Court of West Pakistan (Karachi Bench) has jurisdiction to entertain suit irrespective of fact that same could be filed in another district. ORDER   This is an application under Order VII, rule 11, r/w section 16, C. P. C. made by the defendants. Since the jurisdic tion of this Court is questioned the proper Rule applicable will be rule 10 rather than rule I1 of Order VII. Rule 11 will not apply since want of jurisdiction is the basis of objection, and the objection is based not on any legal bar caused by rule 11.   The grounds of objection are : (1) that the property it dispute, namely, Talpur Textile Mills consists of extensive lands heavy machinery, looms, spindles and buildings, being immovable property…