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SADIQ POULTRY FARMS (PVT.) LIMITED vs FIRST HABIB MODARABA, A SUBSIDIARY OF HABIB METRO BANK S — 2025 PLD 161 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 PLD 161 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
PLD
Parties
SADIQ POULTRY FARMS (PVT.) LIMITED vs FIRST HABIB MODARABA, A SUBSIDIARY OF HABIB METRO BANK S
Subject matter
Criminal
Provisions referred to
S. 9---C; Civil Procedure Code (V of 1908); Civil Procedure Code

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

SADIQ POULTRY FARMS (PVT.) LIMITED VS FIRST HABIB MODARABA, A SUBSIDIARY OF HABIB METRO BANK S. 9---Civil Procedure Code (V of 1908), O. VII, R. 10---Suit for recovery, filing of---Territorial jurisdiction, determination of---Scope---Exclusive jurisdiction clause---'Boilerplate clause'---Scope---Boilerplate clauses---Validity---Question that parties to a contract are faced with is the extent of autonomy they can exercise in choosing an appropriate forum in a "boilerplate clauses"---Henceforth, to avoid the hassle of litigating in a forum, which is inconvenient or time-consuming, parties often mutually agree to litigate their disputes before a specific Court---Such clauses are drafted taking into account the common economic and geographic convenience of the parties---Exclusive jurisdiction clauses enunciate a choice by parties to limit the place of institution of the suit to one forum---Jurisdiction clauses, therefore, relate as to which Courts would hear a dispute---Nevertheless, an exclusive jurisdiction specifies that only the Courts of a particular jurisdiction, such as those of 'K' (Karachi), in the present case, should deal with any disputes arising out of a contract between the parties---In the present case, all the agreements were executed on different dates at the registered office of the defendant at Karachi and this was not disputed by the parties---Lahore High Court lacked territorial jurisdiction to pass any judgment and decree against the defendant; the plaint was returned under O. VII, R. 10 of the Civil Procedure Code, 1908 for presenting it before a Court of Competent Jurisdiction---Suit was disposed of accordingly.

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