PUNJAB & SIND BANK Vs. MOHD. TAYYAB

JUDGEMENT

(1.) THIS first appeal is filed under Order 43 Rule 1(a) CPC against the judgment of the trial court dated 26.3.2007 holding that the courts at Delhi will not have territorial jurisdiction because the mortgaged property with respect to which relief was claimed in the suit is situated at Bijnor in U.P.

(2.) IT could not be disputed on behalf of the appellant -plaintiff that the suit is essentially under Order 34 CPC because the plaint mentions the details of the mortgaged property and relief is also claimed for sale of the mortgaged property. Counsel for the appellant -plaintiff however states that the suit be treated as a simple suit for recovery of money and prayer with respect to mortgaged property be deleted therefrom and in which case courts will have jurisdiction because loan is granted at Delhi and the defendants are residing at Delhi.

(3.) IT may be noted that the trial court has decided all issues in favour of the appellant -plaintiff, except the issue of territorial jurisdiction and therefore, I need not burden this judgment with the findings of the trial court and I adopt the same for decreeing the suit of the appellant -plaintiff against the defendants for a sum of Rs.4,84,060.