Law:

Section: 16

(a) Civil Procedure Code (V of 1908)---Ss. 16, 17, 20 & 120 Provisions contained in Ss.16, 17 & 20, C.P.C., would not apply to High Court in exercise of its original civil jurisdiction-Principles. Abdur Rahim Baig v. Abdul Haq Lashari PLD 1994 Kar.388 and West Pakistan Industrial Development Corporation v. Sheikh Muhammad Amin 1992 CLC 2047 rel. (b) Jurisdiction--- ----Parties by mutual agreement could not invest or divest a Court of its jurisdiction. (c) Civil Procedure Code (V of 1908)--- ----Ss.16, 17 & 20---Territorial jurisdiction of Civil Court in civil suits, determination of-Test. The court in whose jurisdiction the cause of action has arisen has jurisdiction to entertain suit, irrespective of the residence of defendant. Where a party suffered some injury on account of some act of omission or commission relatable to the contract inter se, then the cause of action will be considered to have accrued at such place and the Court at such place will always have jurisdiction. Where two courts may have jurisdiction in respect of the same claim, then it is the prerogative of the plaintiff that weighs more in determining the place of suing. For purposes of assumption and determination of jurisdiction of court, averments made in plaint are to be considered true and accepted. (d) Jurisdiction--- ----Averments made in plaint would be considered true and accepted for purposes of assumption and determination of jurisdiction of court. (e) Civil Procedure Code (V of 1908)--- ---Ss.16, 17, 20 & O.I. R.10(2)---Defendant, if a necessary party to suit, would not be deleted from array of parties on ground of being non-residing or non-carrying on business within jurisdiction of court. Ittehad Cargo Services v. Rafaqat Ali PLD 2002 Kar.420; Popular Pharmacy v. Nova Bio Medical PLD 1996 Kar.411 and Pak China Chemicals v. Dept. of Plant Protection 2006 CLD 210 rel. (f) Specific Relief Act (I of 1877)--Ss. 42 & 54---Civil Procedure Code (V of 1908), S.151. O.XXXIX, Rr. 1 & 2---Suit for declaration and permanent injunction---Joint venture agreement for assembling electronic home appliances under brand name of "Samsung" and its distribution in Pakistan by…

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