SHREE LAKSHMI GARMENTS AND TEXTILES Vs. SAI SILKS

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel appearing for the petitioner.

(2.) In this revision petition, the defendant has challenged the order of rejection dtd. 16/1/2023 passed on I.A. filed under Order 7 Rule 10A read with Sec. 151 of CPC in S.C.No.15079/2022 on the file of XV Additional Small Cause Judge & XXIII ACMM, Bengaluru (SCCH-9).

(3.) The main contention of the learned counsel appearing for the petitioner/defendant before the Trial Court by invoking Order 7 Rule 10A read with Sec. 151 of CPC is that the Court is not having jurisdiction to return the plaint and direct to present the same before the jurisdictional Court contending that in the instant case the place at which the defendant is carrying on the business is at Surathkal, Dakshina Kannada District and payments were made at Surathkal, D.K., hence, the Courts of Surathkal, D.K., have sole jurisdiction to adjudicate on the dispute.