AMITY BUSINESS SCHOOL Vs. P.K. GUPTA

JUDGEMENT

(1.) THE petitioner has filed the present petition under Article 227 of the Constitution of India to challenge the order dated 28.04.2005 passed by Sh. S.K. Sarvaria, Additional District Judge, Delhi in Suit No. 46/04/1999 wherein the petitioner is the defendant. By the impugned order the learned District Judge has disposed off two applications, one filed by the petitioner defendant under Section 21 read with Section 20 CPC, which has been treated as an application under Order 7 Rule 10 CPC and the second filed by the plaintiff respondent under Order 6 Rule 17 CPC to seek amendment of the plaint. The learned Additional District Judge has dismissed the petitioners aforesaid application, while allowing the application preferred by the respondent plaintiff by the impugned order.

(2.) THE respondent plaintiff has filed the suit to seek a declaration with regard to the termination of his services as illegal and to seek damages from the defendant petitioner herein. Instead of filing its written statement, the petitioner filed the aforesaid application under Section 21 read with Section 20 CPC to seek the return of the plaint to the respondent plaintiff on the ground that the court did not have the territorial jurisdiction to entertain the suit.

(3.) IN the meantime, on account of the rise in pecuniary jurisdiction of the District Court and the High Court, the suit came to be transferred before the court of the District Judge. It is in this background that the impugned order has been passed which considers both the applications as aforesaid.