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Criminal Procedure Code QUESTION #9480
Question 1
A mortgage suit is filed against mortgagor B. The mortgaged land is situated in Civil Court Rawalpindi's jurisdiction, but the entire contract of mortgage was executed in Lahore and the mortgagor resides in Lahore. The mortgagee A wants to sue in Lahore. Is the Lahore Court competent?
  • Yes; any Court in Pakistan can hear a mortgage suit
  • Yes; for foreclosure or sale of a mortgage, the suit can also be filed where the cause of action has wholly or partly arisen, which includes Lahore where the mortgage deed was executed✔️
  • No; a mortgage suit must be filed where the defendant resides
  • No; only the Court where the mortgaged property is situate has exclusive jurisdiction
Correct Answer Explanation
Section 16(c) read with its proviso, as amended, provides that suits for foreclosure, sale or redemption in respect of a mortgage may also be filed at the place where the cause of action has wholly or partly arisen. The execution of the mortgage deed at Lahore constitutes part of the cause of action.