VRAJLAL MANILAL Vs. HARAN BIDI SUPPLIERS NIZAMABAD

JUDGEMENT

(1.) THIS appeal challenges the order dated 23/3/2001, passed by the learned Additional District Judge, Gondia, returning the plaint to the plaintiff for presenting it before the appropriate court as the court at Gondia had no jurisdiction to entertain, try and decide the suit.

(2.) THE facts which are necessary to decide the controversy are stated below :- The appellant is the original plaintiff and had filed Special Civil Suit No.1 of 1986, claiming the reliefs as under :-

(3.) THE contention of Mr. Bapat that creation of the documents at Exh.146 & 147 furnish a cause of action to the plaintiff, cannot be accepted. The reliefs claimed in the suit are about the permanent injunction restraining the defendants from using the plaintiff's trademark shown in paragraph 7 of the plaint anywhere in India for sale of bidies. The documents at Exh.146 and 147 were executed at Nizamabad in between the parties at Nizamabad. The defendants are also residing at Nizamabad. In view of this, no fault can be found with the findings recorded by the learned trial court.