SUDHAKAR VERMA Vs. MAHENDRA KUMAR

JUDGEMENT

(1.) At the time of arguments, no one appeared on behalf of respondents even though the case was taken up in the revised list, hence only the arguments of learned counsel for applicant were heard.

(2.) This is plaintiff's revision under Section 115, C.P.C. directed against order dated 07.03.2007 passed by Civil Judge (S.D.), Lakhimpur Khiri in Regular Suit No.266 of 2005, Sudhakar Ram Vs. Mahendra Kumar and others. Through the impugned order, preliminary issue relating to jurisdiction (whether civil court at Lakhimpur or at Pilibhit has got jurisdiction to try the suit) was decided against the plaintiff holding that civil court at Pilibhit had got jurisdiction. Ultimately, through the impugned order the plaint was directed to be returned for filing before appropriate court.

(3.) According to the plaint allegations, plaintiff started a business in partnership with defendants of brick kiln at Pilibhit. The relief claimed was for permanent prohibitory injunction seeking to restrain the defendants from dissipating the property of firm M/s Krishna Brick Field and for accounting. Partnership agreement was executed on 01.10.2002 at Lakhimpur Khiri and office of the firm for the purposes of trade tax was got registered at Lakhimpur Khiri. In para-3 of the plaint, it was stated that plaintiff and defendants established the brick kiln by the name of M/s Krishna Brick Field at plot No.23, area 0.75 hectare situate at Pota Kala, District Pilibhit.