Law: Civil Procedure Code (V of 1908)

Section: 20

Law: Specific Relief Act, 1877

Section: 42

(a) Civil Procedure Code (V of 1908)--S.20 Suit could be filed within the territorial jurisdiction of a Court where the cause of action or any part thereof arose irrespective of the question whether the defendant Corporation had its principal or subordinate office within such jurisdiction ¬Question of territorial jurisdiction, however, can only be decided on the basis of the case made out by the plaintiff and not the defence set up by the defendant Explanation II to S.20, C.P.C. was only relatable to cls.(a) & (b) and not (c) of the said section [Firm Shaikhan v. W.P. Industrial Development Corporation PLD 1976 Quetta 94 overruled. Brady & Co. (Pakistan Limited) v. Sayed Saigol Industries Limited 1981 SCMR 494 fol. Gharibwal Cement Ltd. v. Universal Traders, Gakhar Mandi PLD 1977 Lah. 481 ref. Firm Shaikhan v. W.P. Industrial Development Corporation PLD 1976 Quetta 94 overruled. (b) Contract Formation of contract Territorial jurisdiction Contract is considered to have come into existence upon acceptance of proposal. (c) Contract Defendant an incorporated Corporation offering shares to the plaintiffs Cause of action Territorial jurisdiction Plaintiffs were required to prove that they had accepted or undertaken to purchase shares offered by the defendant Offer of shares having been made at place K, part of the cause of action, therefore, accrued at place K. (d) Company Sale of shares of a company Dispute relating to performance of contract of sale of shares of an incorporated company not to be decided by Company Court; such dispute could only be adjudicated by an ordinary Civil Court of general jurisdiction. (e) Company Sale of right shares under the consent order of the Controller of Capital Issues Letter of offer of sale of such shares at a specified price to the plaintiffs which also mentioned the exact number of shares available for subscription and not only in the first letter but also in a subsequent letter the defendants themselves used the expression "offer" which was accepted by the plaintiffs Contention of the defendants that their first letter was not an offer but only was in the nature of a pre contract inquiry was repelled Contract had been…

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