SURJIT KUMAR CHATTERJEE Vs. NISITH KUMAR BANERJEE

JUDGEMENT

(1.) This revision petition is directed against the order dated 22nd March. 1991 passed by Shri S.S. Handa, Sub Judge 1st Class, Delhi whereby the application of the petitioner-defendant under Order 7 Rules 10 & II read with Section 35A and 151 of the Code of Civil Procedure for rejection of the plaint has been dismissed.

(2.) The grounds set out in that application by the petitioner defendant mainly are that the property of the suit is situated in Calcutta and is within the territorial jurisdiction of the Courts in Calcutta and the Delhi Courts have no jurisdiction to entertain and try the suit and secondly the respondent-plaintiff had filed a similar suit No-444/74 in Calcutta which ultimately was dismissed in default on 1.10.1982 and the same has not been restored as yet and as such there is a complete bar for the institution of the present suit for the same cause of action under Order 9 Rule 9 of the Code of Civil Procedure.

(3.) It may be noted here that after the summons were served on the petitioner-defendant, he did not file the written statement where he could have raised all the objections. But, instead, he preferred to file the application out of which these proceedings in revision petition have arisen.