DAEJUNG MOPARTS PRIVATE LIMITED Vs. PREMALATHA JAGDISH BANSAL

JUDGEMENT

(1.) This civil revision petition has been filed to set aside the order dtd. 13/12/2023 passed in O.S.No.463 of 2022 on the file of the Principal District Court, Chengalpattu.

(2.) The petitioner is the defendant and the respondents are the plaintiffs. The plaintiffs have filed the suit in O.S.No.463 of 2022 on the file of the District Court, Chengalpattu with the following prayers:

(3.) The learned counsel appearing for the petitioner submitted that the petitioner filed an application in I.A.No.6 of 2023 on 22/11/2022 for return of the plaint under Order VII Rule 10 CPC on the ground that the Court has no jurisdiction. Further submitted that the learned Judge, without considering the application seeking for return of plaint filed by the petitioner in I.A.No.6 of 2023, has erred in setting exparte for non filing of the written statement. The petitioner has clearly pointed out the lack of jurisdiction on the part of the Court to entertain the suit and the Court has to adjudicate upon the jurisdiction before forcing the petitioner for filing the written statement and thus, pleaded to allow the civil revision petition.