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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 incorporated in agreement regarding a place other than where the suit was filed---Effect---Suit was filed at Rawalpindi ('R')---Held, that in the present case, documents/ agreements (Diminishing Musharakah Financing Agreement etc.) clearly depicted that the parties had mutually agreed to include/incorporate jurisdiction clauses in a clear and unambiguously manner, which showed that the parties had given exclusive jurisdiction to the Courts at Karachi ('K')---Thus, the parties were bound by their terms and conditions for resolution of their disputes---All the agreements were executed on different dates at the registered office of the defendant at Karachi and were 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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