HINDUSTAN PETROLEUM CORPORATION LTD Vs. RAMGOPAL

JUDGEMENT

(1.) Admit. Heard finally by consent of the learned counsels appearing for the parties.

(2.) This civil revision application challenges the order dated 29 10 2010 passed by the learned Civil Judge, Junior Division, Dharni, rejecting the objection filed by the applicant/defendant regarding territorial jurisdiction of the Civil Court at Dharni to entertain, try and decide Regular Civil Suit No.21 of 2010 claiming the relief of declaration and permanent injunction in the mandatory form.

(3.) Shri Deshpande, the learned counsel appearing for the non applicant/plaintiff, has raised a preliminary objection as to the maintainability of this civil revision application. He submits that if this civil revision application is allowed by this Court, then the proceedings of Regular Civil Suit No.21 of 2010 pending before the Trial Court would not be finally disposed of, as contemplated by the proviso to Section 115(1) of the Civil Procedure Code. According to him, at the most, this Court would pass an order, as contemplated by Order 7, Rule 10 of the Civil Procedure Code for return of plaint for its presentation before the proper Court, and it cannot be termed as a "disposal of the suit" within the meaning of the proviso to Section 115(1) of the Civil Procedure Code. He submits that the term "finally disposed of the suit" used in the proviso to Section 115(1) means "dismissal of the suit" or "passing of a decree in favour of plaintiff".