MAHARAJI EDUCATIONAL TRUST Vs. PUNJAB AND SIND BANK

JUDGEMENT

(1.) The plaintiffs have filed the present suit praying for passing of decree of declaration against the defendants declaring that the communication dated 22nd August, 2005 is illegal, void, mala-fide and is vitiated by falsehood and fraud. Plaintiffs had also filed an application under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure (for short 'CPC') being IA No. 7513/2005. On 22nd September, 2005 the Court passed the following order:

(2.) The case was adjourned to 3rd October, 2005 when the defendants appeared and they were granted time to file reply to the application and written statement. On that very day, the Counsel for the defendant had raised the argument that the plaint of the plaintiff was liable to be rejected and suit dismissed under Order 7 Rules 10 and 11 of the CPC. Thus, the Court had directed the parties to argue that issue at the very first instance. Arguments under these provisions, thus, were heard on 7th November, 2005.

(3.) Learned Counsel appearing for the defendants forcefully argued that the plaint of the plaintiffs is liable to be rejected and suit liable to be dismissed (under the provisions of Order 7 Rules 10 and 11 of the CPC) and the interim order granted to the plaintiffs vide order dated 22nd September, 2005 is thus, liable to be vacated, amongst others on the following grounds: (a) The relief of declaration prayed by the plaintiffs without claiming any consequential relief is barred under Section 34 of the Specific Relief Act. (b) This Court has no territorial jurisdiction to entertain and decide the present suit as no cause of action or part thereof has arisen within the territorial jurisdiction of this Court. The impugned letter dated 22nd August, 2005 was issued by the Bankers from Meerut to the office of the plaintiff at Ghaziabad and nothing in relation thereto had happened within the territorial jurisdiction of this Court. (c) This plaintiffs have not paid the ad valorem Court-fee in accordance with the provisions of Section 7(iv) of the Court Fee Act as the plaintiffs have valued the suit for the purposes of jurisdiction at Rs. 24 crores but have paid the fixed Court fee of Rs. 20/-, claiming that the plaintiffs are liable to pay the fixed Court- fee of Rs. 20/- the suit being one for declaration.