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2004 CLD 161

PAHRIANWALI SUGAR MILLS LIMITED through Deputy Chief Executive and

Citation2004 CLD 161
CourtLahore High Court
Case No.C.O.S. No,3 of 2003
Date2003-05-23
Judge(s)Mian Saqib Nisar
ResultSuit transferred.

ORDER

' The plaintiffs have filed the suit on the ground that, under by-back agreement, certain amounts had to be paid to defendant No,1 by the plaintiffs, which have been duly paid and now there is no amount due to defendant No,1 on account of the said agreement.

2. P.L.As. Have been filed by the defendants. The defendant No,1 in the P.L.A. Has taken the objection that this Court has no jurisdiction for the reason that under clause No,14.01, at page 62 of the admitted by-back agreement dated 22-4-1992, the parties have agreed that in case of any dispute between them, the jurisdiction for adjudication shall vest with the appropriate Court at Karachi.

3. Learned counsel for the plaintiffs, when confronted states that, it is not the case of exclusive jurisdiction, rather of additional jurisdiction, because the word "only" is not there in the clause mentioned above.

4. I am afraid that, the contention of the learned counsel for the plaintiffs has no force. As per clear interpretation of clause No,14.01 of the agreement, I have no doubt in my mind that the parties have agreed that in case of any dispute between them arising out of the said agreement, only the appropriate Court at Karachi has the jurisdiction. Thus, this Court has no jurisdiction, resultantly, the plaint is returned under Order 7, rule 10, C.P.C.

Cited by 1 case

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