MCB BANK LIMITED vs ADEEL SHAHBAZ STEEL MILLS S — 2023 CLD 655 LAHORE-HIGH-COURT-LAHORE

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MCB BANK LIMITED VS ADEEL SHAHBAZ STEEL MILLS S. 20---Suit to be instituted where defendant resides or cause of action arises---Forum non conveniens---Scope---Section 20, C.P.C. contains a general rule regarding territorial jurisdiction which inter alia, enjoins that a suit must be instituted in a court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain, or where the cause of action wholly or in part arises---Explanation to said section prescribes that a corporation shall be deemed to carry on business at its sole or principal office, or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place---Since this provision primarily keeps the defendant in perspective, the corporation spoken of in the explanation, obviously refers to the defendant---Plain reading of the section arguably allows the plaintiff a multitude of choices in regard to where it may institute its lis, suit or action---Corporations and partnership firms, and even sole proprietorship concerns, could well be transacting business simultaneously in several cities---If subsections (a) and (b) of S. 20, C.P.C., are to be interpreted disjunctively from subsection (c), as the use of the word 'or' appears to permit the plaintiff to file the suit at any of the places where the cause of action may have arisen regardless of whether the defendant has even a subordinate office at that place---However, if the defendants' location is to form the fulcrum of jurisdiction, and it has an office also at the place where the cause of action has occurred, then the plaintiff is precluded from instituting the suit anywhere else---Obviously, this is also because every other place would constitute a forum non conveniens.

MCB BANK LIMITED vs ADEEL SHAHBAZ STEEL MILLS S — 2023 CLD 655 LAHORE-HIGH-COURT-LAHORE

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