Through the impugned order, dated 3-9-1991, appellant's plaint in a suit for recovery of money, damages, etc., has been returned by the learned Civil Judge 1st Class, Lahore, to be filed before a Court of competent jurisdiction. Admittedly, defendants of the case are foreigners. Respondent No,1 through a tender, required the purchase of some tents; the offer of the appellants was accepted by the respondent No,1 and against the opening a L/C and furnishing of bank guarantee by appellants a contract was executed between the parties in Sudan. Thereafter, plaintiffs/appellants complaining the breach of contract, filed the present suit, for the recovery, etc. in which, an application was moved by respondents for the return of the plaint, challenging the jurisdiction of the civil Courts at Lahore. Learned Civil Judge, seized of the matter, through the impugned order, has accordingly returned the plaint.
2. learned counsel for the appellants contends that as per L/C, the payment of the goods, sold to respondent No,1, was to be made at Lahore, therefore, part of cause of action, has accrued to plaintiffs/ appellants at Lahore, thus the present case is covered by section 20(c), C.P.C.
3. As none represents the- respondents despite service, thus they are proceeded ex, parte.
4. Admittedly, the tender was floated by respondent No,1 in Sudan; plaintiff/appellant, participated in the tender by submitting his tender document/ offer in Sudan. L/C was opened through bank of Sudan: Bank guarantee was also furnished through Bank of America and Bank of Credit and Commerce of Sudan. Goods were supplied in Sudan; only if the price of goods was ultimately to come to the plaintiff, at Lahore after its negotiation through requisite" bank, it does not tantamount that payment was payable at Lahore, thus no part cause of action accrued to the appellant at Lahore, for conferring jurisdiction for the recovery of suit, at Lahore. Learned Trial Court, has taken due notice of the above fact and has passed appropriate order, which is not shown to be illegal for any reason. I also affirm the view of the Court below that in the facts and circumstances of the case, the Civil Courts at Lahore, had no jurisdiction to entertain the suit, accordingly, the plaint has been rightly returned. This appeal thus has no force and the same is hereby dismissed.