2022 SCMR 2044
Jurisdiction of Civil Court --- Agreement between parties granting exclusive jurisdiction to Civil Courts of a particular place / city....Legality..... Parties cannot be restrained to enforce their right in an ordinary court of law but if by mutual agreement between the parties a particular court having territorial and pecuniary jurisdiction is selected for the determination of their dispute , there appears to be nothing wrong or illegal in it or opposed to public policy .
Clause of agreement grating exclusive jurisdiction to Civil Courts in place " L " --- Plaintiffs filing suit for cancellation of agreement in Civil Court of place " S " -Application for return of plaint filed by defendant . ( petitioner ) under O. VII , R 10 , C.P.C. dismissed by the Civil Court and High Court --- Held , that on the basis of agreements in question lands situated in place " L " as well as in place " S " were exchanged through registered exchange deeds by or on behalf of the parties to the agreement --- Main agreement was arrived at between the parties and signed at place " L " and in furtherance of that agreement the addendum and exchange deeds were executed and registered at place " L " --- Thus , jurisdiction in the matter was with both the courts i.e. at place " S " where the suit was filed as well as at place " L " where the document was registered and some of the property was situated --- However the Clause of the agreement grating exclusive jurisdiction to . Civil Courts in place " L " was binding upon the parties , therefore , the civil court at place " L " had exclusive jurisdiction to entertain and try the suit --- Petition for leave to appeal was converted into appeal and allowed ; impugned orders of Civil Court and High Court were set aside , and the application moved by the defendant ( petitioner ) under Order VII , Rule 10 of the C.P.C. was allowed with the direction that plaint was to be returned to the plaintiffs and , if so advised , they may file it in the civil court at place " L " .
0 Comments