B G GUTTAL Vs. R R DIWAKAR

JUDGEMENT

(1.) This is a revision petition by the plaintiff, directed against the order made by the III Addl. First Munsiff, Bangalore, under S.20(b) of the Code of Civil Procedure. The plaintiff was once an emplovee in the Loka Shikshana Trust of which defendant-I was the sole Trustee. Defendant-2 was its Secretary. The said Trust was Publishing a Daily news paper styled as 'Samvukta Karnataka'. The said publication was taken over by a Company called as Karnataka Patrika (P) Ltd.,' which is defendant-3. Defendant-4 is the Editor-in-chief of the news paper and defendant-5 is its Financial Manager.

(2.) The plaintiff complaining that he was prevented from discharging his duties after defendants 3 and 5 took over the management of the news paper, has filed a suit for twin reliefs, viz., (i) for a permanent injunction restraining defendants 1 to 6 or their servants, agents or any one on their behalf from interfering with the discharge of the duties by the plaintiff as the Manager and Business Manager of 'Samyukta Karnataka' and the publications; and (ii) for passing a judgment and decree directing the defendants to pay a sum of Rs. 1,274 being the salary and other allowances due to the plaintiff with a further direction to the defendants to pay the salary and allowances to- the plaintiff as and when it becomes due.

(3.) The suit was instituted in the Munsiff Court, Bangalore City area. Defendants 1 and 2 alone reside within the territorial jurisdiction of that Court. Defendants 3 to 5 are residing within the jurisdiction of another Court situate at the Civil Station, Bangalore. Since defendants 3 to 5 are residing outside the jurisdiction of the Court in which the suit is pending the plaintiff came forward with an application under S.20(b) of the Code of Civil Procedure for leave to sue them. Defendants 3 to 5 resisted the said application on the ground among others that defendants 1 and 2 are only formal parties; and since the defendants against whom the plaintiff claims an effective relief, are residing within the territorial jurisdiction of another Court, the Court should not grant the leave prayed for. That objection was accepted by the trial Court. Hence this revision petition.