| Citation(s) |
|---|
| 1997 SLG 675 1997 SLD 675 1997 CLC 686 |
Sindh High Court
Civil Miscellaneous Appeals Nos. 6, 226 and 227 of 1996, decision dated: 24-10-1996
ABDUL HAMEED DOGAR, J
M. Anwar Channa for Appellant. Khadim Ali Shoro for Addl. A.G. for
Respondents
Civil Miscellaneous Appeals Nos. 6, 226 and 227 of 1996, decision dated: 24-10-1996
ABDUL HAMEED DOGAR, J
M. Anwar Channa for Appellant. Khadim Ali Shoro for Addl. A.G. for
Respondents
IMDAD ALI
VS
MANAGING DIRECTOR, PASSCO and others
Law:
Section:
Civil Procedure Code (V of 1908)-------O.VII, R.11 & S.20---Statutory Corporation---Employee of statutory Corporation---Jurisdiction of Court---Where cause to action arising or defendant residing---Compulsory retirement from service---Institution of suit by employee at place of his residence---Return of plaint by Trial Court for lack of jurisdiction---Appellate Court maintaining order of Trial Court ---Validity--Appellate Court had rightly maintained that cause of action to file suit would arise either at place ' L' where headquarter of statutory Corporation was located or at the place where such office of statutory Corporation was situated i.e. where he had received order of compulsory retirement---Explanation II of S.20, C.P.C. was elaborative on that point---Courts below having taken view of matter properly, there was no justification to interfere with their concurrent findings.[Jurisdiction]. Muhammad Sarwar Khan v. Azad Government of the State of Jammu and Kashmir through Chief Secretary and 2 others 1986 CLC 2173 rel. ORDER Through this appeal appellant Imdad Ali has challenged the order dated 20-6-1996 passed by learned 1st Senior Civil Judge, Jacobabad about the return of the plaint under Order 7, rule 10, C.P.C. The brief facts of the case of appellant are that he was employed as Deputy Project Manager, Osta Muhammad under the control and management of respondents Nos. l and 2 viz. Managing Director and General Manager (Adorn.) respectively of Pakistan Agriculture, Storage and Services Corporation Ltd. 4Lawrence Road, Lahore. During his posting there in the year 1995 he was assigned the job for wheat procurement of the Project Osta Muhammad (Balochistan) of Jacobabad Zone and during the period from May, 1995 to August, 1995, 1,24,808 bags were purchased at the various procurement centres set up by the PASSCO, including the purchase of 27,200 bags at Ali Abad procurement centre of the abovesaid project. On the closing of project in November, 1995 allegation of bogus billing and misappropriation of 3000 bags valuing at Rs.12,30,000 was levelled against appellant which was denied by him but despite of that fact a major penalty of compulsory…
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