VSHNU HORTICULTURAL PVT LTD Vs. SHAMPIYAN VINIYARD LTD

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Where, in any suit, after the defendant has appeared and filed written statement, the plaint is returned under Order VII Rule 10 of the Code of Civil Procedure, whether the defendant can file fresh written statement with the averments which did not find place in the original written statement filed before the Court which had no jurisdiction to entertain the suit, is the question raised in this petition.

(3.) The petitioners are original defendants (for short, "the defendants"). The respondents-plaintiffs (for short, "the plaintiffs") instituted a suit being Special Civil Suit No. 18 of 2008 in the Court of Civil Judge, Jr Dn, Kolhapur for recovery of an amount and in the alternative for specific performance of the agreement dated 3.3.2004. The suit was instituted in January, 2007. In February, 2007 the defendants appeared and filed written statement in the suit, raising an objection as to the jurisdiction of the court at Kolhapur. Accordingly, a preliminary issue was framed and decided vide order dated 29.2.2008 holding that the Court at Kolhapur, has no jurisdiction to entertain the suit, and as a consequence thereof the plaint was returned under Order VII Rule 10A(2) of the Code of Civil Procedure (for short, "the Code"). The plaintiffs thereafter presented the plaint in the court at Sindhudurg on 18.3.2008. There, the defendants filed fresh written statement, which, according to the plaintiffs, was not consistent with the written statement that was filed in the court at Kolhapur, where the suit was initially instituted. It was also contended that the defendants have no right to file fresh written statement. The Civil Judge, Sr.Dn., Sindhudurg-Orus, vide order dated 14.10.2008, rejected the written statement (Exh.10), holding that the defendants have no right to file fresh written statement and hence it cannot be accepted.