LAWS(APH)-1984-12-54

ALL INDIA CHESS FEDERATION Vs. STATE

Decided On December 26, 1984
ALL INDIA CHESS FEDERATION Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) In this writ petition a suit filed against the petitioners in the State of Bihar on the file of the 1st respondent- District Munsif is sought to be interdicted by this application under Art. 226 of the Constitution of India.

(2.) Respondents 2 to 4 filed a title suit 4/84 on the file of the 1st respordent-District Munsif and obtained aninjunctionon 25-1-84 not to appoint an adhoc committee for the Bihar State. It is also represented by the learned counsel for the petitioners that after notices were served they engaged a counsel and contested the application but final orders of injunction were passed. They further allege that further supplementary proceedings were also taken and the Patna Court has no jurisdiction and a writ should be issued against the 1st respondent-court interdicting the further proceedings of the suit.

(3.) The learned counsel for the petitioners urged two grounds in support of his contention. Firstly no cause of action has arisen in Bihar and hence the 1st respondent has no jurisdiction. Secondly respondents 2 to 4 cannot sue the petitioners who are residing in Hyderabad and their remedy is to file a suit in Hyderabad only. For this purpose he relied upon the judgment in Writ petition No 5760 of 78 dated 21-8-79 of Jeevan Reddy, J.