1989 PLP 1252 (CLC)
Messrs SAIF NADEEM KAWASAKI MOTORS Ltd.‑‑Appellant Versus FAISALABAD DEVELOPMENT AUTHORITY,
| Citation | 1989 PLP 1252 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Zafarullah, J |
| Parties | Messrs SAIF NADEEM KAWASAKI MOTORS Ltd.‑‑Appellant Versus FAISALABAD DEVELOPMENT AUTHORITY, |
| Primary Law | Civil Procedure Code (V of 1908)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1252 (CLC)?
This judgment primarily cites: Civil Procedure Code (V of 1908)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1252 (CLC)?
The case was heard and decided by the Lahore bench comprising: Muhammad Zafarullah, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1252 (CLC) (Messrs SAIF NADEEM KAWASAKI MOTORS Ltd.‑‑Appellant Versus FAISALABAD DEVELOPMENT AUTHORITY,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Riaz Anwar for Appellant. Nasim Sikandar for Respondent. Date of hearing: lst December, 1985.
Headnotes / Summary
‑‑‑S.16 & O.VII, R.10‑‑Appellant entered into a contract with respondent at F‑‑Respondent revoked contract‑‑Appellant filed suit at L for damages‑‑Plaint returned for presentation before Court at F‑‑Plea that rescission of contract was part of contract and that revocation of contract was communicated at L‑‑Held, that Court at L had also territorial jurisdiction to try suit. Messrs Husain Bros. v. Punjab Vegetable and General Mills Co. and another PLD 1961 Kar. 14 and Dhanraj Mills Ltd. Liability Co. v. Narsing Parsad Boobna and other AIR 1949 Pat.270 rel.
Judgment & Decree
A contract was awarded to the appellant by the Faisalabad Development Authority for supply of 300 Motor Cycles at the rate of Rs.7,800 per Motor Cycle. This contract was revoked two days later on 30‑3‑1979. The appellant brought a suit for recovery of Rs.4,50,000 as damages from the Faisalabad Development Authority. Mr. Shaukat Ali Khan, learned Civil Judge Ist Class, Lahore decided to return the plaint to the appellant on the ground that the Courts at Faisalabad alone had the territorial jurisdiction. The appellant has challenged the order of 4‑2‑1984 in the present appeal. The learned counsel has referred to the case of Messrs Husain Bros. v. Punjab Vegetable and General Mills Co. and another P L D 1961 Kar. 14 and to the case of Dhanraj Mills Ltd. Liability Co. v. Narsing Parsad Boobna etc. A I R 1949 Patna 270 in support of his contention that the rescission of a contract is part of cause of action and since revocation of the contract was communicated to the appellant at Lahore, the Court at Lahore had the jurisdiction.
2. It is not denied that the revocation of the contract was communicated to the appellant at Lahore. In view of the cases referred A to, it is evident that the Court at Lahore have the jurisdiction. The appeal is, therefore, allowed. The order of 4‑2‑1984 is set aside. B No order as to costs. M.Z.SJS‑328/L Appeal allowed.