SHAH POLYMERS Vs. CANARA POLY PACK LTD.

JUDGEMENT

(1.) Heard the learned counsel for the appellant-plaintiff and learned counsel for the respondents.

(2.) This appeal is filed challenging the order dtd. 29/7/2017 passed in O.S.No.337/2008 on the file of the Principal Civil Judge (Jr.Dn.), Bengaluru Rural, Bengaluru, wherein the Trial Court, invoking Order 7, Rule 10 of C.P.C. ordered to return the counter claim to the defendants for presentation before the proper Court. Earlier, vide order dtd. 4/7/2013, the Trial Court had also passed an order that plaint has been returned for presentation before the Civil Judge, Nelamangala which has got jurisdiction to entertain the suit on the ground that suit schedule properties are situated within the territorial jurisdiction of Nelamangala Court.

(3.) The factual matrix of the case is that the plaintiff has filed the suit for the relief of permanent injunction in respect of the properties which is situated at Nelamangala Taluk.