ASHOK REKHI Vs. CHANDA BHASIN AND ORS.

JUDGEMENT

(1.) PRESENT application has been filed under order 14 Rule 5 for framing of an additional issue. The additional issue sought to be framed is as under: -

(2.) MR . V.K. Gupta, learned senior counsel for defendant No. 5 submits that this Court has no territorial jurisdiction to entertain the present suit with regard to property situated in Nainital as it is located outside this Court's territorial jurisdiction. He submits that by virtue of Section 120 of the Code of Civil Procedure, Section 17 of CPC which vests extra -territorial jurisdiction in the Civil Courts is not applicable to the High Courts in exercise of their original civil jurisdiction. In support of his submission he relies upon the judgments of the Supreme Court in Jindal Vijayanagar Steel (JSW Steel Ltd.) vs. Jindal Praxair Oxygen Co. Ltd. : (2006) 11 SCC 521 and Food Corporation of India vs. M/s. Evdomen Corporation : AIR 1999 SC 2352.

(3.) IN rejoinder, Mr. Gupta submits that the judgments of this Court are per incuriam as they are contrary to the plain language of Section 120 CPC.