Shehnaz Akhtar Zahoor Cheema vs The Additional District Judge S — 2025 MLD 552 LAHORE-HIGH-COURT-LAHORE

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Shehnaz Akhtar Zahoor Cheema VS The Additional District Judge S. 20 (c)---Specific Relief act (I of 1877), S. 12---Suit for recovery on basis of agreement---Territorial jurisdiction of the Court---Cause of action, arising of---Scope---In wake of objection regarding territorial jurisdiction of the Trial Court raised by defendants, Trial Court framed preliminary issue, however, the same was decided against the defendants---Defendants /petitioners filed constitutional petition as the District Court maintained the order passed by the Trial Court---Validity---Record revealed that Petitioner No.1 and respondent No.2 were spouses and their relations had gone strained and they instituted adversial litigations against each other---Petitioner No.1 (lady/wife) who was serving in Education Department, instituted suit for recovery of maintenance allowance etc. at Islamabad---Respondent No.2 (husband) filed a suit for recovery against petitioner as well as her real brother on the basis of a written agreement at Civil Court District Hafizabad ; he (respondent No.2) also filed a suit for declaration along with permanent injunction against the petitioner No. I before the Civil Court, Lahore, mentioning the address of petitioner No.1 as she was presently residing at Islamabad---Respondent No.2 himself submitted an application in respect of correct address of the petitioner No. 1 before the court where the suit for recovery was pending by describing her address as that of Islamabad---Petitioners were residents of Islamabad---Under S.20 (c) of Civil Procedure Code, 1908, a suit can be filed within local limits of whose jurisdiction the cause of action, wholly or in part, arises---But perusal of the agreement-in-question showed that it (agreement) did not contain any specific place at which the same was executed and the alleged amount was paid---as such the orders passed by the Courts below were patently illegal and not sustainable in the eyes of law---High Court set-aside the impugned orders while deciding the preliminary issue of territorial jurisdiction in favour of the petitioners---Trial Court would return the plaint to respondent No.2 for its presentation before the proper forum---Constitutional petition was allowed accordingly.

Shehnaz Akhtar Zahoor Cheema vs The Additional District Judge S — 2025 MLD 552 LAHORE-HIGH-COURT-LAHORE

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