2023 PLP 1361 (CLC)
Syed FARRUKH GHANI — Plaintiff Versus BANK OF PUNJAB through Chairman and 3 others — Defendants
| Citation | 2023 PLP 1361 (CLC) |
| Forum / Court | Sindh |
| Bench Members | N/A |
| Parties | Syed FARRUKH GHANI — Plaintiff Versus BANK OF PUNJAB through Chairman and 3 others — Defendants |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2023 PLP 1361 (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 2023 PLP 1361 (CLC)?
The case was heard and decided by the Sindh bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2023 PLP 1361 (CLC) (Syed FARRUKH GHANI — Plaintiff Versus BANK OF PUNJAB through Chairman and 3 others — Defendants). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S.20 & O.VII, R.10
Suits to be instituted where defendants reside or cause of action arises
Scope
Plaintiff through the instant suit challenged his dismissal from service
Pursuant to enquiry proceedings, the plaintiff had "surrendered" before the enquiry committee whereby enquiry was conducted and the enquiry was admittedly beyond the territorial limits and jurisdiction of the High Court and hence the ultimate order
All the defendants arrayed in the memo of plaint hailed from District 'L'
Jurisdiction could not be conferred on mere desire of the plaintiff who claimed to have received the information of his dismissal at District 'K', where he resided
It was the ultimate cause which gave birth to a jurisdiction under normal circumstances and that was dismissal at District 'L' where he surrendered
Since the court lacked territorial jurisdiction, therefore, the plaint was returned with the observation that the plaintiff might pursue his remedy before the court/forum having jurisdiction.
Judgment & Decree
MUHAMMAD SHAFI SIDDIQUI, J.
This suit is filed by an employee of Bank of Punjab, initially posted at Karachi who was initially served with the show-cause notice dated 15-5-2020, followed by his dismissal on 15-3-2021. For the purpose of present controversy, since the show cause notice has now taken to its logical end, through an enquiry procedure, whereby plaintiff was dismissed from the service, it is this ultimate dismissal order which is under challenge. Pursuant to enquiry proceedings, the plaintiff "surrendered" before the enquiry committee whereby enquiry was conducted and that action of enquiry proceedings was admittedly beyond the territorial limits and jurisdiction of this Court and hence the ultimate order. All the defendants arrayed in the memo. of plaint hail from Lahore (addresses disclosed) and there is only statement of plaintiff, that notwithstanding his surrender before the enquiry committee, he ultimately got to know about his dismissal when he came back to Karachi. I have heard the learned counsel and perused the material available on record. It cannot be a heady acceptance if a jurisdiction is conferred on a mere desire of plaintiff who claimed to have received information at Karachi where he resides, without considering the actual adjudication at a place which is away from our jurisdiction. If this is accepted, then the jurisdiction of any trial Court may also be altered if it could be established that he/she heard the decision somewhere else. There is a heavy counter admission by plaintiff i.e. his surrender before a jurisdiction beyond this Court. The law of jurisdiction takes its own course and while the plaintiff surrendered before the enquiry committee which is admittedly beyond the territorial limits of this court would accept the statement of plaintiff that he was residing at Karachi hence would determine the jurisdiction, it would negate the long standing principle and doctrine as recognized under section 16-20, C.P.C. It is the "ultimate cause" which gives birth to a jurisdiction under normal circumstances and that is dismissal from service at Lahore where he surrendered. This being the situation, since the Court lacks territorial jurisdiction, I hereby return the plaint with observation that plaintiff may pursue his remedy before the court/forum having jurisdiction. SA/F-5/Sindh Plaint returned.