SHELL PAKISTAN LIMITED vs ADDITIONAL DISTRICT JUDGE, ISLAMABAD O — 2022 CLC 941 ISLAMABAD

Case information

Citation: 2022 CLC 941 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: CLC
Parties: SHELL PAKISTAN LIMITED vs ADDITIONAL DISTRICT JUDGE, ISLAMABAD O
Subject matter: Civil

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

SHELL PAKISTAN LIMITED VS ADDITIONAL DISTRICT JUDGE, ISLAMABAD O.VII, R.10---Constitution of Pakistan, Art.199---Constitutional petition---Return of plaint---Territorial jurisdiction of Court---Plaintiff/respondent assailed cancellation of franchise agreement at place "I"---On application filed by petitioner/defendant's plaint was returned under O.VII, R.10, C.P.C., to be filed at place "K"---Order passed by Trial Court was set aside by Lower Appellate Court---Validity---Retailer's right of access to and use of petrol station was in the nature of a contractual license derived under and owing its existence to franchise agreement which did not exist in its own right---Franchise was granted for limited purpose of performance of franchise agreement in order to make lawful access to land on which petrol station was constructed which in absence of such a license would constituted trespass---Relief sought in plaintiff's suit could be entirely obtained through obedience of defendant company having offices in both places "K" and "I"---Even if the subject matter of suit was immovable property, the Courts at both "K" and "I" would have jurisdiction---Open to parties to confer exclusive jurisdiction on either of them which they did and to which they were bound---High Court set aside order passed by Lower Appellate Court and restored that of Trial Court---Constitutional petition was allowed accordingly.

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