RHODIA LIMITED Vs. NEON LABORATORIES LIMITED

JUDGEMENT

(1.) RULE made returnable forthwith by consent of partiess. Heard rival parties. Perused petition, affidavtts and counter affidavits.

(2.) THIS petition takes exception to the order dated 7th February, 2004 passed below Exh 58 by the Civil Judge, Senior Division, Paighar ("trial Court" for short) in Special Civil Suit no. 9 of 2002, and gives rise to a short question in the peculiar facts and circumstances of the present case as to on whom burden to oust jurisdiction of the Court lies. THE FACTUAL SCENARIO :

(3.) THE factual scenario is straight forward. M/s. Neon Laboratories Limited, respondent herein is the original plaintiff (hereinafter referred to as "plaintiff. " for short), filed suit for specific performance of the agreements, and for injunction against the petitioners herein, the original defendants (hereinafter referred to as "defendants" for short)being Special Civil Suit No. 9 of 2002.