KAIM KHANI AND BROTHERS vs PROVINCE OF SINDH through Secretary Higher Technical Education and Research and School Education Department Ss — 2022 YLR 2188 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 2188 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: KAIM KHANI AND BROTHERS vs PROVINCE OF SINDH through Secretary Higher Technical Education and Research and School Education Department Ss
Subject matter: Civil
Provisions referred to: S. 20---S; Civil Procedure Code (V of 1908)

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

KAIM KHANI AND BROTHERS VS PROVINCE OF SINDH through Secretary Higher Technical Education and Research and School Education Department Ss. 42, 54 & 55---Civil Procedure Code (V of 1908), S. 20---Suit for declaration, permanent and mandatory injunction---Suits to be instituted where defendants reside or cause of action arises---Scope---Plaintiff filed suit for declaration, permanent and mandatory injunction claiming therein that despite having emerged as lowest bidder and having been issued tender documents, he was not being awarded contract by the defendants---Contention of defendants was that contract, if any, was to be awarded at district 'S', therefore, High Court had no jurisdiction to entertain the suit at district 'K'---Validity---Suit was to be instituted in a Court within the local limits of whose jurisdiction the cause of action, wholly or in part had arisen---Pre-qualification process had taken place at 'S', the tender documents were issued from and submitted to the procuring agency at 'S', the bids were opened at 'S' and the contract was to be awarded at 'S'---Dispute had no nexus with 'K'---Plaintiff argued that part of the cause of action had arisen at 'K' as a letter intimating the plaintiff that it had pre-qualified for the project was addressed to the plaintiff at 'K'---Mere letter addressed to the plaintiff at 'K', which was not an offer to a contract, was of no consequence---No part of the cause of action for the suit had arisen within the local limits of the High Court at 'K'---Civil Court at 'S' had territorial jurisdiction to entertain the suit---Plaint was returned.

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