ORIENTALBANK OF COMMERCE Vs. SANTOSH KUMAR AGARWAL

JUDGEMENT

(1.) THIS appeal has been preferred at the instance of the defendant-Oriental Bank of commerce from the judgment and decree dated 18th January, 2001 passed in C. S. No. 216 of 1996.

(2.) THE claim of the plaintiff in the suit is based on several Fixed Deposits mentioned in the Schedule being Annexure 'a' to the plaint. All the aforesaid Fixed Deposits were admittedly made jointly by the plaintiff and the pro forma defendant at the Khidderpore branch of the Oriental Bank of Commerce, which is outside the Ordinary Original Civil jurisdiction of this Hon'ble Court.

(3.) THE judgment and decree passed by the learned Single Judge was assailed by the defendant-appellant bank on various grounds mentioned in the Memorandum of appeal. The learned Senior Counsel representing the appellant-bank concentrated the argument mainly on the ground of jurisdiction as according to the appellant, suit filed by the plaintiff is not at all maintainable in the Ordinary Original Civil Jurisdiction of this Hon'ble Court since according to the said appellant, no part of the cause of action has arisen within the Ordinary original Civil Jurisdiction of this Hon'ble Court. Since the point of jurisdiction was strongly urged on behalf of the appellant amongst other issues mentioned in the Memorandum of Appeal, we are of the opinion that the said issue relating to the jurisdiction of this Court to entertain the suit filed by the plaintiff should be decided first before deciding any other issue involved in this appeal.