Case Details

Citation(s)
1976 SLG 3106 = 1976 SLD 3106 = 1976 PLD 94
Quetta High Court
F. A. O. No. 2 of 1971, decided on 8th June 1976.
Presented By: Fakhruddln G. Ebrahim, J
Basharatullah for Appellant. Muhammad Moqeem Ansari for
Respondent.

REGISTERED FIRM SHEIKHAN INDUSTRIES, QUETTA Plaintiff-Appellant

VERSUS

WEST PAKISTAN INDUSTRIAL DEVELOPMENT CORPORATION, KARACHI THROUGH ITS CHAIRMAN-Defendant-Respondent

Law: Civil Procedure Code (V of 1908)

Section: 20(c)

(a) Civil Procedure Code (V of 1908) S. 20(c), Explanation II-Jurisdiction-Defendant Corporation can be sued at place where its sole or principal Office situate-Corpora tion can be sued elsewhere only if part of cause of action arises at that place and it has also subordinate office at such place-Plaintiff depositing amount in Bank at Quetta and obtaining Call Deposit Receipt therefor in favour of W.P.I.D.C. at Karachi-Such deposit of amount would not result in payment of sum represented by Receipt to W.P.I.D.C. at Quetta-Mere fact that offer despatched by plaintiff from or letter of acceptance received at Quetta-Cannot mean that any part of contract was made at Quetta-Forfeiture of amount involved also taking place at Karachi-;:curt at Quetta, held, did not have jurisdiction to entertain suit, in circumstances of case. Rehmania Trading Co. v.. Eagle Star Ins. Co. P L D 1960 S C 202 not applicable. (b) Interpretation of statutes Redundancy not to be attributed to Legislature-Creation of redun dancies between provisions to be avoided and every portion thereof to be given meaning and effect. Date of hearing : 8th June 1976.                                                                                                                  JUDGMENT This first appeal is directed against an order dated 13-5-1971, made by the learned Additional District Judge, Quetta, in Civil Suit No.-6 of 1970 whereby the plaint has been directed to be returned to the plaintiff/appellant for presentation to the proper Court. 2. The facts are that on 24-9-1966, the plaintiff, through the Additional Commissioner, Quetta, forwarded an offer for purchase of majority shares in Harnai Woollen Mills belonging to the respondent, west Pakistan Industrial Development Corporation, which offer was accompanied by a Call Deposit Receipt of Rs. 1,00,000 in favour of W. P.I. D.C., Karachi. Both the offer as well as the…
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