P CHANDRASEKHAR Vs. VIJAYA LAKSHMI

JUDGEMENT

(1.) THIS revision is directed against the orders dated 8. 4. 2004 in os No. 10 of 2003 passed by the learned senior Civil Judge at Gadwal whereby, the suit was returned holding that the said Court has no jurisdiction and the same shall be presented before the appropriate court.

(2.) THE brief facts of the petition are that the petitioner herein instituted the said suit for recovery of money of Rs. 3,51,333/-on the foot of a promissory note. On notice, the respondents put in their appearance, engaged an Advocate and a detailed written statement was also filed. On the basis of the pleadings, the Court below settled the issues. However, during the course of trial, pw1 filed his chief-examination affidavit wherein he has stated that the entire transaction took place at Karnataka only. On the strength of the said pleading, an additional issue was also framed regarding the territorial jurisdiction. While answering the said issue, in affirmative, the trial Court returned the plaint to the petitioner herein directing him to approach appropriate Court and present the same. As stated supra, the said order is under challenge by invoking the jurisdiction of this Court under Article 227 of the Constitution of India.

(3.) HEARD the learned Counsel for the petitioner as well as the learned Counsel for the respondents.