ANIL VERMAN Vs. RAHEJA DEVELOPERS PRIVATE LIMITED

JUDGEMENT

(1.) The present suit has been instituted by the plaintiff against the defendant seeking for a decree for specific performance of contract in respect of an apartment in NEELANCHAL APARTMENTS, Economy Type III, Pine Gardens, Nainital, developed by the defendants, together with the rights to the use of all common passages, entrances, terrace and any other common facilities and easements.

(2.) In order to show and establish that this court has territorial jurisdiction to entertain and decide the present suit it is stated in paragraph 13 of the plaint that this court has territorial jurisdiction to entertain the suit since the cause of action has arisen in Delhi and also because the defendant resides and carries on business in Delhi. Thus according to the plaintiff this court has territorial jurisdiction in view of the provisions of Section 20 of the Code of Civil Procedure as the cause of action for the suit has arisen in Delhi and also because the defendant resides and carries on business in Delhi.

(3.) The defendant filed a written statement in this court contending inter alia that this court has no jurisdiction to try and decide the suit as the subject matter of the suit is situate at Nainital, U.P. and therefore, section 16 of the Code of Civil Procedure is applicable to the facts and circumstances of the present case and not the provisions of Section 20 of the Code of Civil Procedure. The defendant also filed an application in this court under Order 7 Rule 11 of the Code of Civil Procedure contending inter alia that since this court does not have territorial jurisdiction to try and decide the present suit the plaint is liable to be rejected.