ELECTROSTEEL CASTINGS LTD Vs. PARTHA BOSE

JUDGEMENT

(1.) PRESENT Civil Revision Application under Section 115 of the Code of Civil Procedure has been preferred by the petitioners herein -original defendants to quash and set aside the impugned order passed by the learned Civil Judge (J.D.), Mundra, Kutch dated 24.9.2004, by which the learned trial Court has dismissed the said application submitted by the petitioner-original defendant to reject the application under Order 7 Rule 11 of the Code of Civil Procedure.

(2.) HAVING heard the learned advocates for the respective parties and considering the impugned order passed by the learned trial Court, it appears that the original plaintiff instituted suit for declaration and permanent injunction in the Court of learned Civil Judge (J.D.), Mundra, Kutch for declaration to the effect that negative covenants in the service contract / appointment letter issued by the defendant no.1 to the plaintiff is null and void. That the plaintiff also prayed for permanent injunction to restrain the defendants from harassing the plaintiff in any manner whatsoever. Having served with the summons of the suit, the defendants appeared before the learned trial Court and submitted the application Exh.16 under Order 7 Rule 11 of the Code of Civil Procedure r/w Section 151 of the Code of Civil Procedure to reject the application merely on the ground that the Court at Mundra has no territorial jurisdiction. However, considering the fact that plaintiff was serving within the local territorial jurisdiction at Mundra and the effect of the negative covenant was being suffered by the plaintiff within the territorial jurisdiction of the Mundra Court, learned trial Court was prima facie of the opinion that on the face of it, it cannot be said that the Court at Mundra has territorial jurisdiction and consequently dismissed the application Exh.16.