ASHOK P. SHAH Vs. PULLICAR MILLS LTD.

JUDGEMENT

(1.) Heard the learned counsel for the parties. The matter is listed for final hearing.

(2.) The order dated 6.8.2014 passed by the Civil Judge (Senior Divn.), Chitradurga, in O.S.16/14 is called in question. The application was filed under Section 151, C.P.C. by the defendant therein. The learned judge, after analyzing the material on record, has passed the following order:

(3.) The petitioner is plaintiff in O.S.15/14. He had filed a suit for recovery of Rs.5.85 crores against the defendant-respondent. After appearance of the defendant, objection was taken about the jurisdiction of the court to entertain the suit filed under Order XXXVII, Rules 1 and 2, C.P.C. mainly on the ground that the High Court has not specified the courts before which summary suits should be filed under Order XXXVII, C.P.C. In this view of the matter, the learned judge has accepted the contention of the defendant therein and ordered for return of the plaint to be presented before the proper court in terms of Order VII, Rule 10, C.P.C.