Law:

Section:

Civil Procedure Code (V of 1908)-------Ss. 9 & 20---Suit related to transactions 'having taken place in a foreign country under the law of that State and default was also committed there but after plaintiffs' failure to get the decree of foreign Court satisfied there, cause of action accrued to Bank for suing the defendant (guarantor) in Pakistan as by that time he had shifted to Pakistan---Validity---Held, transaction in question was governed by the law of the foreign country/State and forum to enforce the rights and obligations in consequence of the transaction, was also available there and Court in Pakistan had no jurisdiction to entertain the present suit for the only reason that the defendant had allegedly shifted to Pakistan--­Foreign Courts did not lose their authority or competency to proceed with the suit against him nor the Courts of Pakistan had jurisdiction over the matter for that reason---Principles. Admittedly the transaction/contract had taken place in a foreign country and the alleged default also occurred there. Even the plaintiff had filed a suit there under the law of that, State and obtained a , thus there could be, no denial of the fact that the transaction was governed by the law of that country/State and forum to enforce the rights and obligations in consequence of the transaction was also available there. Civil Procedure Code, 1908 extends upto the territories of Pakistan as a procedural enactment. It cannot take place of substantive laws on a particular subject. Obviously the transactions and acts governed by the procedural as well as substantive law of any other State or country, do not come within the scope of Civil Procedure Code. Nor the Courts at Pakistan have jurisdiction to decide the causes and issues governed by the law of any other country or State applying sections 9 and 20 of Civil Procedure Code, 1908 which relate to the cases and matters within the cognizance of Courts in Pakistan. As the contract/transactions which is the subject-matter of present suit is governed by procedural and substantive laws of foreign country and statutory forum to decide the controversy and enforce the rights under those transactions is also…

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