-775/2021 Suit SYED FARRUKH GHANI (Plaintiff) V/S BANK OF PUNJAB & OTHERS (Defendant)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 23-JAN-23
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, the follow up procedure concludes his dismissal at Lahore. If the 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 CPC. 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.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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