Case Details

Citation(s)
2003 SLG 2764 2003 SLD 2764 2003 CLC 1744
Lahore High Court
First Appeal from Order No. 108 of 1997, heard on 22-05-2003
CH. IJAZ AHMAD, J

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Messrs ROYAL FLYING COACH (PVT.) LTD. through Director

VS

Messrs TOYOTA TSUSHO KAISHA LTD. and another

Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O.XVIII, Rr. 2 & 3---Right of rebuttal was not availed by plaintiff--­Effect---Not open to plaintiff to contend that he had not been provided opportunity to lead evidence in rebuttal. Jhanda v. Muhammad Younas PLD 1994 Lah. 100 fol. (b) Civil Procedure Code (V of 1908)-- ----S. 20(1)(c), Expln. II & O. VII, R.10---Suit for recovery of amount as damages on account of breach of contract filed at place L, where agreement for supply of vehicles was allegedly signed by plaintiff and defendant (supplier)---Return of plaint by Trial Court---Validity--­Plaintiff had not proved execution of agreement at place L, which was primary evidence to prove his case---Presumption would be that there was no such agreement on the basis of which suit could be filed at place L---Plaintiff had opened letter of credit in favour of defendant (manufacturer) at place F, where goods were also to be supplied from place K---Money had to be received at place K---Plaintiff had not rebutted defendants' evidence to the effect that defendant (supplier) was not carrying on any business at place L---Nothing was available on record to show that even a fraction of cause of action had accrued at place L, which was condition precedent to file suit at place L in terms of S.20(1)(c), Expln. II, C.P.C.---Trial Court had rightly returned plaint for its presentation before competent Court at place K---High Court dismissed appeal. Sh. Muhammad Sharif Uppal v. Sh. Akbar Hussain and others PLD 1990 Lah. 229; Jamia Masjid, Sharif Pura v. Mufti Khalil-ur-Rehman 1999 CLC 954; Mian Fazal Muhammad Nizam-ud-Din Baig & Co. v. The Province of West Pakistan and others PLD 1969 Lah. 453; Messrs Brady & Co. (Pakistan) Ltd. v. Messrs Sayed Saigol Industries Ltd. 1981 SCMR 494; Bishan Das v. Gurbakhsh Singh and another AIR 1934 Lah. 63(2); Puran Das Chela v. Kartar Singh and others AIR 1934 Lah. 398; Messrs Kadir Motors (Regd.) Rawalpindi v. Messrs National Motors Ltd., Karachi 1992 SCMR 1174; WAPDA and 2 others v. Mian Ghulam Bari PLD 1991 SC 780 and Abdul Hakim and 2 others v. Saadullah Khan and 2 others PLD 1970 SC 63 ref. (c) Civil Procedure Code (V of 1908)---…
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