A.C. SIVA KUMAR Vs. S. KRISHNAMA NAIDU

JUDGEMENT

(1.) Assailing the order dated 23.03.2017, passed in I.A. No.125 of 2016 in O.S. No.85 of 2015 on the file of the IX Additional District Judge, Chittoor, wherein an application filed under Order 7, Rule 10 read with section 21 of C.P.C., requesting the Court to decide that it has no territorial jurisdiction to try the suit, as a preliminary issue, was rejected, the present Civil Revision Petition is filed under Article 227 of the Contitution of India.

(2.) The facts in issue are as under:

(3.) A counter came to be filed by the plaintiff stating that with a view to avoid refund of the money, the defendant has set up a false and frivolous plea. It is also stated that on 08.08.2012, the defendant himself purchased the stamp for scribing the agreement of sale and brought the said stamp to Chittoor for execution of the sale agreement. The petitioner received the advance amount and executed the sale agreement in the house of the respondent/plaintiff at Chittoor. It is also stated that the suit is filed for refund of advance amount with interest and not for specific performance of the contract.