BALASHAHEB S LANDGE Vs. GURUDAYAL SING MANDER

JUDGEMENT

(1.) HEARD Advocate for the applicant. None present for the respondents, though served. Notice was issued for final disposal of the matter at the admission stage and the respondents have chosen to remain absent.

(2.) THE applicant challenges the order, dated 4-3-2002, passed by the trail court in R. C. Suit No. 63 of 2001, dismissing the objection raised by the applicant regarding jurisdiction of the Court at Pune to entertain and try the suit. The objection was mainly on the ground that the parties having agreed for exclusive jurisdiction of the Court at New Delhi, it is not permissible for the plaintiff (respondent No. 1 herein) to file the suit in the Court at Pune.

(3.) THE suit has been filed for declaration that the election of the defendant no. 1 to post of president and the consequent nomination of the defendant Nos. 2 to 15 as the office bearers and of the defendant Nos. 16 to 24 as the members of the executive committee of the defendant No. 29 in the special meeting of the general council of the defendant No. 29 at Pune on 18-4-2001 are all illegal and ultra vires the provisions of the Constitution of the defendant No. 29 and as such are liable to be set aside, and further for permanent injunction to restrain the defendant Nos. 1 to 24 from claiming themselves or acting as the office bearers/members of the executive committee of the defendant No. 29. Pursuant to the service of summons, the defendants filed an application under Section 9a of the Code of Civil Procedure, 1908, raising preliminary objection regarding the territorial jurisdiction of the Court at Pune to entertain and try the suit, filed by the respondent-plaintiff. The trial Court, by the impugned order rejected the said objection and hence the present petition.