(1.) THIS order shall dispose of the application filed by the defendant No. 1 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') for rejection of the plaint.
(2.) THE suit has been filed by the plaintiff for specific performance and permanent injunction on 21st January, 2008. The plaintiffs case is based on an agreement dated 3rd September, 2002 executed between the plaintiff and the applicant/defendant No. 1 in Albuquerque, New Mexico, USA.
(3.) THE defendant No. 1 referred to Clause 3 of the agreement wherein it is provided that all the properties except the flat located at M -401, Green Valley Co -operative Group Housing Society, Plot No. 18, Sector -22, Dwarka, Delhi (hereinafter referred to as the 'suit property') are situated at USA. He also relied upon Clause 9 of the said agreement wherein it is provided that the same shall be governed by the law of the State of New Mexico. It is alleged that the dispute leading to the present suit has arisen from the subject agreement which was executed in the State of New Mexico, USA thus this Court has no territorial jurisdiction to entertain the suit as no cause of action has arisen in India.