2022 SCMR 852
It is clear and obvious to us from a plain reading of the plaint and Sections 16 and 20 of the Code of Civil Procedure, 1908 ("CPC") that the Civil Courts of Pakistan had no jurisdiction in the matter in light of the averments made in para 20 (i), (ii) & (iii) as well as paragraphs 22 and 23 read with the prayer made in the plaint.
It is clear and obvious from the record that the subject matter of the suit was situated in USA. This is fact admitted in the plaint of the Appellants that the property in respect of which the suit for rendition of accounts and recovery was filed,, is situated in the County of Glenn, California. Section 16 of the CPC clearly stipulates that all suits in respect of immovable property shall be filed in the Court within the local limits of whose jurisdiction the property in question is situated. The only exception to this rule is suits filed under Section 16(c). There is nothing on the record to establish that the suit in question was related to redemption of a mortgage or charge regarding the property in question. We are therefore in no manner of doubt that the even according to the averments made in the plaint the suit of the Appellants did not fall within the parameters of Section 10 of the CPC.
Section 20 of the CPC clearly provides that every suit shall be filed in a Court within the local limits of whose jurisdiction the defendant or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain.
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