ASHOK LEYLAND FINANCE. LTD. Vs. CHHOTELAL

JUDGEMENT

(1.) THIS is defendant's revision directed against the Order dated 24.8.95 passed by the IIIrd Civil Judge, Class II, Ujjain in Civil Suit No. 42 -A/95 dismissing the application filed by the petitioner -defendant under O. VII R. 10 r/w. Sec. 151 CPC.

(2.) THE respondent -plaintiff had purchased a passenger Bus from the petitioner on hire -purchasis basis under an agreement executed on 15.11.93 at Indore. It appears that the respondent defaulted in making repayment of instalments of the purchase money and the petitioner, therefore, wanted to take custody of the vehicle. The respondent -plaintiff apprehending the seizure of the vehicle filed suit at Ujjain against the petitioner claiming injunction to restrain the defendant from taking custody of the vehicle. The petitioner -defendant by an application under O. 7 R. 10 r/w. Sec. 151, CPC raised objection that the suit ought to be instituted at Indore. He thus prayed that the plaint be returned to the respondent -plaintiff for presentation to the proper Court at Indore. The application was resisted by the plaintiff who maintained that since he apprehends seizure of vehicle at Ujjain the cause of action for filing suit has, thus, arisen at Ujjain.

(3.) I have heard Shri S.R. Saraf, learned counsel for the petitioner and Shri Sunil Jain, learned counsel for the respondent.