PRATIVA PATTNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the order passed by the Second Addi- tional Civil Judge (Senior Division), Cuttack, directing return of the plaint for presentation before proper Court having territorial jurisdiction to try the suit.

(2.) The plaintiff-appellant has filed Title Suit No. 272/92 for the following reliefs :

(3.) The Trial Court examined the matter by considering the applicability of Section 20, Code of Civil Procedure (in short, the "C.P.C.") as according to the plaintiff, the other provisions, namely Sections 16 to 19 of the C.PC. were not applicable. The Trial Court found that since the defendants werfe the State of Orissa and the Superintendent of Police, Clauses (a) and (b) of Section 20, C.P.C.were not applicable. The Trial Court further opined that the cause of action did not arise either wholly or in part within the local limit of the Cuttack Court. The aforesaid order is being challenged in this appeal.