JYOTI LIMITED Vs. RAMAN KUMAR

JUDGEMENT

(1.) Admit. Learned advocate Mr. V. L. Thakkar waives service of notice of admission on behalf of respondent.

(2.) The appellant complainant has challenged the order dated 15.03.2014 by the learned 10th (Ad hoc) Additional District Judge, Vadodara below exhibit 34 in Special Civil Suit No. 2 of 2011. By such impugned judgment, the trial Court has ordered to return the plaint under Order 7 Rule 10 of the Code of Civil Procedure to the plaintiff with direction to present it before appropriate Court within 15 days from the receipt of same from the Registry and also directed to receive the plaint from the Registry within 15 days from such order. With such direction the trial Court has ultimately stated that "The suit is accordingly stands disposed of."

(3.) Whereas if we peruse the application at exhibit 34 below which, such an order was passed, it becomes clear that it is an application by the defendant respondent under Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure and the prayer in the application is to dismiss the suit for want of territorial jurisdiction, when it is categorically stated in para 7 and 8 of such an application that Honourable Court has no territorial jurisdiction to adjudicate this suit and that there is not cause of action within local limits of the Honourable Court. If we peruse the entire application, it seems that though defendant / respondent is challenging the cause of action and thereby right to file a suit by the plaintiff, in prayer clause, it is stated that the trial Court has no question of territorial jurisdiction and cause of action has not arisen within local limits of the trial Court. Therefore, disposal of suit is mainly for want of territorial jurisdiction. However, in para 7 it is also contended that suit may be returned to the plaintiff to file before appropriate Court with alternative relief to dismiss the suit at this stage.