AKBAR ALI vs SHAHID HAYAT KHAN Ss — 2022 MLD 762 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 762 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: AKBAR ALI vs SHAHID HAYAT KHAN Ss

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

AKBAR ALI VS SHAHID HAYAT KHAN Ss.20, 21, O.VII, R.10 & O.XXXVII, R.1--- Recovery of money on the basis of dishonored cheque---Territorial jurisdiction---Appellant / defendant assailed order passed by Trial Court declining to return plaint---Plea raised by appellant / defendant was that Trial Court did not have territorial jurisdiction over the matter as cheque was issued at place "V" whereas suit was filed at place "K" where the cheque was dishonoured---Validity---Courts in both the districts had concurrent jurisdiction to entertain the suit---Respondent / plaintiff had option to choose forum for filing the suit in anyone of the districts having concurrent jurisdiction to entertain the suit---Such exercise of choice of forum by respondent / plaintiff could be objected to by appellant / defendant, except on the ground of mala fide to be established by him which had not been done---No reason existed to allow application to return the plaint filed in district "K" to be presented before Court at District "V"---High Court declined to interfere in order passed by Trial Court as the same was well within the jurisdiction of Trial Court and was based on proper appreciation of record and did not suffer from any illegality, error of law or jurisdictional defect---Appeal was dismissed, in circumstances.

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