PRAKING Vs. STATE BANK OF INDORE

JUDGEMENT

(1.) This revision petition is heard finally on request of both the counsel appearing for contesting litigants.

(2.) Shri A.K. Sethi, counsel for the petitioner submitted that the loan granted to petitioner was at Indore, the documents in respect of said loan were also executed at Indore and the petitioner resides at Indore. The loan was obtained from branch of Opponent No.1 situated at Indore. Therefore, only the Indore Civil Court is having jurisdiction to entertain suit in view of provisions of S. 20 of C.P.C.

(3.) Shri Sethi, also pointed out that the prayer clause of the plaint deals with prayer for refund of money and it also indicated that money should be refunded along with the interest and, therefore, though the property which has been mortgaged is situated within the jurisdiction of Ratlam Court, Ratlam Civil Court does not have the jurisdiction to entertain the suit.