Law:

Section:

Civil Procedure Code (V of 1908)--- ----Ss. 9 & 20---Contract Act (IX of 1872), S.28---Accrual of cause of action to file suit within jurisdiction of different courts---Contract between parties containing a clause to take dispute before a particular court having jurisdiction---Validity---Mere consent of parties would not give jurisdiction to a court not having jurisdiction---Such clause of contract was a legal clause---Where there were many courts having jurisdiction and parties mutually consented to take their dispute before a particular court having jurisdiction, then such particular court would have exclusive jurisdiction to entertain the matter---Principles. PLD 1996 SC 292; 1983 CLC 1369; 1986 CLC 6; 1981 CLC 6; 2000 SCMR 1312; 1983 CLC 1378; 2008 CLC 1618; 1992 SCMR 11; PLD 1993 SC 395 and 1993 MLD 1031 ref. 1987 SCMR 393; 1992 SCMR 1174 and Muhammad Yasin and 2 others v. Ch. Muhammad Abdul Aziz PLD 1993 SC 395 rel. JUDGMENT KH. IMTIAZ AHMAD, J.---This Civil Revision is directed against the order dated 3-7-2009 passed by learned Senior Civil Judge, Rawalpindi, whereby, he dismissed the petition moved under Order VII, Rule 10 read with section 151, C.P.C. for the return of the plaint. 2. Brief facts forming the background of this Civil Revision are that the Federation of Pakistan through Director Defence (Purchase) Rawalpindi filed a suit against the petitioner No.1 for the recovery of Rs.1,67,39,091 only. The claim of the plaintiff was that the plaintiff was a department, whose responsibilities were to purchase general items for Army in general. There was a need of rice in January, 2004 to May, 2004 and in this respect, the plaintiff invited tenders and amongst others, the defendant's firm also applied and submitted a tender, which was accepted and Contract No.21-0366-2-1 dated 27-10-2003 was signed between the parties. It was further alleged that the supply could not be made according to the schedule and did not fulfill the contractual obligations and after the cancellation of the contract with the defendant's firm, the plaintiff called tenders for supply of store on the pecuniary fluctuation at the risk and costs of the defendant's firm. It was in…

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