EDEN BUILDERS (PVT.) LIMITED, LAHORE vs MUHAMMAD ASLAM Ss — 2022 SCMR 2044 SUPREME-COURT

Case information

Citation: 2022 SCMR 2044 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: SCMR
Parties: EDEN BUILDERS (PVT.) LIMITED, LAHORE vs MUHAMMAD ASLAM Ss
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

EDEN BUILDERS (PVT.) LIMITED, LAHORE VS MUHAMMAD ASLAM Ss. 16, 17 & O. VII, R. 10---Clause of agreement grating exclusive jurisdiction to Civil Courts in place "L"---Plaintiffs filing suit for cancellation of agreement in Civil Court of place "S"---Application for return of plaint filed by defendant (petitioner) under O. VII, R. 10, C.P.C. dismissed by the Civil Court and High Court---Held, that on the basis of agreements in question lands situated in place "L" as well as in place "S" were exchanged through registered exchange deeds by or on behalf of the parties to the agreement---Main agreement was arrived at between the parties and signed at place "L" and in furtherance of that agreement the addendum and exchange deeds were executed and registered at place "L"---Thus, jurisdiction in the matter was with both the courts i.e. at place "S" where the suit was filed as well as at place "L" where the document was registered and some of the property was situated---However the Clause of the agreement grating exclusive jurisdiction to Civil Courts in place "L" was binding upon the parties, therefore, the civil court at place "L" had exclusive jurisdiction to entertain and try the suit---Petition for leave to appeal was converted into appeal and allowed; impugned orders of Civil Court and High Court were set aside, and the application moved by the defendant (petitioner) under Order VII, Rule 10 of the C.P.C. was allowed with the direction that plaint was to be returned to the plaintiffs and, if so advised, they may file it in the civil court at place "L".

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