LAWS(KER)-1986-1-50

MALABAR INDUSTRIAL CO LTD Vs. JOHN ANTHRAPER

Decided On January 31, 1986
MALABAR INDUSTRIAL CO LTD. Appellant
V/S
JOHN ANTHRAPER Respondents

JUDGEMENT

(1.) A question of jurisdiction and the applicability of the proviso to S.16 of the Code of Civil Procedure arises for determination in this Civil Revision Petition. The plaintiff filed the suit in the Sub Court, Alleppey, alleging that the defendant company having a rubber estate in Pathanamthitta District, proposed to sell the estate at a very low price of Rs. 30,000/-and prayed for a permanent injunction restraining the defendant company and the Managing Director from disposing of or otherwise encumbering the plaint schedule property on that basis. Admittedly the office of the company was within the jurisdiction of the Alleppey Sub Court and the defendant also was residing within its jurisdiction. The property, however, is in Pathanamthitta District outside the jurisdiction of that court.

(2.) The defendants, therefore, contended that the Sub Court, Alleppey did not have jurisdiction to try the suit. That contention was raised as a preliminary issue and was considered by the Trial Court and was accepted. In appeal, however, the District Court found jurisdiction in the Alleppey Sub Court and allowed the appeal.

(3.) It is against this that this revision petition has been filed by the defendants.