KAUSHIKLAL NANALAL PARIKH Vs. MAFATLAL INDUSTRIES LIMITED

JUDGEMENT

(1.) Both these civil revision applications arise out of common order dated 9th September, 1988 passed by learned City Civil Court Judge in Civil Suit No. 3181 of 1987 and Civil Suit No. 3182 of 1987. By this order the learned Judge directed to frame the following issue : "Does this court have jurisdiction to try this suit ?" The trial Court also directed that the preliminary issue be heard first.

(2.) Petitioners-original plaintiffs are shareholders of defendant No. 1-Company. As it appears from the order of the learned trial Court Judge, the case of plaintiffs in both the suits is described in para 2 of the order. As regards this description, there is no dispute. Hence the relevant part is reproduced hereinbelow :

(3.) The defendants appeared in the suit and resisted the suit on facts as well as on law points. It was inter alia contended that the Court had no jurisdiction to try the suit. The defendants took out chamber summons Exhs. 47 and 48 in Civil Suit No. 3181 of 1987 and chamber summons Exhs. 40 and 41 in Civil Suit No. 3182 of 1987. The defendants prayed that preliminary issue as to jurisdiction be raised and be ordered to be decided as preliminary issue. By order dated February 17, 1988 the learned trial Court Judge rejected the applications by detailed order.