PEARLITE LINERS PVT LIMITED Vs. MANORAMA SIRSI

JUDGEMENT

(1.) The respondent filed a suit for declaration and permanent injunction against the appellant with the following prayers :

(2.) The appellant while denying the averments contained in the plaint took an objection that the Civil Court had no jurisdiction to try the suit. The trial Court framed various issues in the suit. The relevant issue for the present purpose is :

(3.) The trial Court decided the said issue in favour of the defendant and held that the Court had no jurisdiction to entertain the suit as it was not maintainable and the plaint was liable to be rejected. The appeal filed by the respondent-plaintiff against the said judgment of the trial Court remained unsuccessful. The judgment of the trial Court on Issue No. 5 was affirmed by the appellate Court while dismissing the appeal. The respondent-plaintiff filed a regular second appeal against these judgments. The appeal succeeded. The High Court held that the defendant had failed to prove that the suit was not maintainable before the Civil Court. The trial Court was directed to dispose of the suit on merits in accordance with law. The defendant has filed the present appeal against the judgment of the High Court.