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JAMES CONSTRUCTION COMPANY (PVT.) LTD., LAHORE vs PROVINCE OF PUNJAB through Secretary Communication and Works, Government of Punjab, Lahore Ss — 2021 SCMR 548 SUPREME-COURT

Case information

Citation
2021 SCMR 548 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
JAMES CONSTRUCTION COMPANY (PVT.) LTD., LAHORE vs PROVINCE OF PUNJAB through Secretary Communication and Works, Government of Punjab, Lahore Ss
Subject matter
Civil
Provisions referred to
S. 20

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

JAMES CONSTRUCTION COMPANY (PVT.) LTD., LAHORE VS PROVINCE OF PUNJAB through Secretary Communication and Works, Government of Punjab, Lahore Ss. 20(a) & 20(c)---Territorial jurisdiction of civil courts---Scope---Place of accrual of cause of action---Scope---Suit for recovery against Provincial Government and Provincial Highways Authority in City "F" filed at Civil Court, City "L"---Whether Civil Court at "L" had territorial jurisdiction---Held, that contract in the present case was executed in "F" but it was approved by the Provincial Government at "L" vide a memorandum issued by the Chief Engineer, Provincial Highway Department at "L" addressed to the Superintending Engineer Highway Circle at "F"---Furthermore by engaging in activities which did not form part of its sovereign functions i.e. which could be performed by private entities if the Government was not in charge of them, the Government was in effect carrying on a business---In such situations the Government would be subject to S. 20 of the C.P.C. in its entirety---In the present case, keeping in view the nature of the activity in which the Government was involved in, namely, the construction of roads, the specific-issue raised in present proceedings was governed by S. 20 of the C.P.C. in toto---Accordingly, the Civil Court at "L" did have the territorial jurisdiction to entertain the suit filed by the petitioner [both in terms of clause (a) and clause (c) of S. 20 of the C.P.C.]---Petition for leave to appeal was converted into appeal and allowed.

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