GHAZIABAD DEVELOPMENT AUTHORITY Vs. SHYAM LAL MAHENDRA KUMAR

JUDGEMENT

(1.) This Civil revision under section 115 of the Civil Procedure Code has been preferred against the order dated 9-3-1989, passed by Civil Judge, Muzaffarnagar, in Original Suit No.225 of 1987, M/s. Shyam Lal Mahendra Kumar v. Ghaziabad Development Authority", by which the application filed by the defendant for deciding the issue No.8 regarding jurisdiction as a preliminary issue was rejected.

(2.) Facts in a narrow compass are that the opp. party had filed a suit against the applicant for recovery of Rs. 2,20,000/-. The written statement was filed on behalf of the applicant. In para 20 of the written statement, which is annexure 2 to the counter affidavit, it was categorically stated that the court below had no jurisdiction to try the suit and this plea was mentioned in detail in para 23 (Additional Pleas of the written statement).

(3.) Para 23 of the written statement is detailed hereinbelow :- "That this court has no jurisdiction to try the present suit as all acts and transacts constituting the contract in question and pertaining the same were performed and had taken place at Ghaziabad within the territorial limits of Ghaziabad courts." It was categorically stated in para 24 of the written statement that the Ghaziabad courts are only competent to try the suit.