DAULATRAM MOHANDAS Vs. SUGRABAI RAJJABALI HEERA

JUDGEMENT

(1.) THIS is an appeal against an order directing a plaint to be returned to the proper Court under O. VII, r. 10 of the Civil Procedure Code. The events that led to this order are the following :

(2.) CIVIL Suit No. 308 of 1963 was filed in the City Civil Court by the present appellant against a firm and two partners. An attachment before judgment was obtained of properties situated in Poona on the grounds (1) that they belonged to the defendants and (2) that the properties were likely to be disposed of to defeat the claim of the present plaintiff. On May 2, 1963, a decree was obtained and naturally the attachment before judgment continued after the decree.

(3.) THE decree -holder in Suit No. 308 of 1963 then filed Suit No. 1530 of 1964 in the City Civil Court on March 7, 1964 inter alia claiming the restoration of the attachment which was set aside and also an injunction against the defendants prohibiting them from claiming any interest in the said property and/or contesting the right to recover the decretal amount due to the plaintiff in Suit No. 308 of 1963 by attachment and sale of the immovable property. A contention was taken up by the defendants that since the immovable property was situated outside jurisdiction and the defendants were also residing outside jurisdiction and did no business within the jurisdiction of the City Civil Court, the Court had no jurisdiction to entertain the suit. It was prayed that the suit be dismissed.