LAWS(DLH)-2016-5-814

ICICI BANK LTD Vs. RAJBIR SINGH

Decided On May 25, 2016
ICICI BANK LTD Appellant
V/S
RAJBIR SINGH Respondents

JUDGEMENT

(1.) The appellant has challenged the order dated 27th February, 2015 whereby the learned Trial Court has returned the plaint on the ground that the Trial Court has no territorial jurisdiction to entertain and try this suit.

(2.) Learned counsel for the appellant refers to and relies upon ICICI Bank Ltd. v. Astha Kumar, 2015 224 DLT 651. It is further submitted that the service of the respondent be dispensed with as the respondent was not served when the impugned order was passed by the learned Trial Court.

(3.) The record of the learned Trial Court has been perused. The respondent was not served and was not present before the learned Trial Court when the impugned order dated 27th February, 2015 was passed. The service of the respondent is, therefore, dispensed with.