| Case ID |
09d79f5b-0218-47d9-9541-0068704420a0 |
| Body |
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| Case Number |
Suit No.469 of 2004 |
| Decision Date |
Aug 04, 2008 |
| Hearing Date |
|
| Decision |
The Sindh High Court directed the office to return the plaint to the plaintiff based on the arguments presented regarding territorial jurisdiction. The court emphasized that while the agreement stipulated exclusive jurisdiction at Lahore, this did not restrict the parties from pursuing their legal rights in ordinary tribunals. The court reaffirmed the sanctity of contractual agreements, stating that unless explicitly restricted by law, the intention of the parties should prevail. The decision highlighted that the jurisdiction could be appropriately stretched to either Karachi or Lahore, but the clause in the agreement limited the remedy to Lahore, thus ruling in favor of returning the plaint. |
| Summary |
In the case of TRADESMEN INTERNATIONAL (PVT.) LTD. vs. FEDERATION OF PAKISTAN, the Sindh High Court dealt with issues surrounding contractual jurisdiction and the applicability of the Contract Act, 1872. The key legal question revolved around a clause in the agreement that stipulated exclusive jurisdiction at Lahore. The court found that while such a clause does not infringe upon the rights of the parties to approach the courts, it does establish the chosen venue for legal action. The court's decision underscored the importance of adhering to the intentions of the parties within the framework of existing law, particularly regarding jurisdictional matters. The ruling reaffirmed that agreements are to be honored unless they contravene public policy or statutory law. This case is significant in understanding the legal enforceability of jurisdiction clauses in contracts and the balance between party autonomy and legal constraints. |
| Court |
Sindh High Court
|
| Entities Involved |
Passco,
Ministry of Food, Agriculture and Livestock
|
| Judges |
MUNIB AHMED KHAN, J
|
| Lawyers |
Shaiq Usmani for Plaintiff.,
Nemo for Defendant No. 1.,
Muhammad Akram Khawaja and Qazi Abdul Hameed for Defendant No. 2.
|
| Petitioners |
TRADESMEN INTERNATIONAL (PVT.) LTD.
|
| Respondents |
FEDERATION OF PAKISTAN through Secretary, Ministry of Food, Agriculture and Livestock and another
|
| Citations |
2008 SLD 2235,
2008 CLD 1217
|
| Other Citations |
State Life Insurance Corporation of Pakistan v. Rana Muhammad Saleem 1987 SCMR 393,
Messrs Kadir Motors (Regd.) Rawalpindi v. Messrs National Motors Ltd. Karachi and 3 others 1992 SCMR 1174,
Tahir Tariq Textile Mills (Pvt.) Ltd. and others v. National Development Finance Corporation through its Chairman 2003 CLD 1546,
Maqsood Ali Khan v. National Bank of Pakistan 2003 PLC (CS) 226,
Messrs Muslim Commercial Bank Limited v. Tahir Edible Oil (Pvt.) Ltd. and others 2003 CLC 416,
Chokkahnga Pillay v. Velayudha Mudaliar and others 1925 Madras 117
|
| Laws Involved |
Contract Act, 1872,
Civil Procedure Code (V of 1908)
|
| Sections |
28,
37,
O.VII,
R.10,
Ss.19,
20
|