RAJESH JAIN Vs. D D INDUSTRIES LTD

JUDGEMENT

(1.) This revision is directed against the order, dated 27-4-2005, passed in Title Suit No. 55/04, whereby the said suit, which the petitioner instituted, has been held to be a suit instituted in a Court, which had no jurisdiction to try the suit. The plaint has accordingly been directed by the learned Civil Judge (Sr. Division) No. 2, Kamrup, Guwahati, to be returned to the plaintiff.

(2.) Heard Mr. O.P. Bhatti, learned Counsel, appearing on behalf of the plaintiff-petitioner. None has appeared on behalf of the defendant-opposite party.

(3.) For the purpose of appreciating the controversy, raised in this revision, it needs to be pointed out that in the plaint, which gave rise to the suit, the plaintiff claimed that the defendant, which is a public limited company incorporated under the Companies Act, 1956, with its registered office at F-1/9, Okhla Industrial Area, Phase-1, New Delhi, sent an Advocate notice, dated 13-2-2004, which the petitioner received at Guwahati, and, by the said notice, the defendant claimed that a sum of Rs. 4,44,254/- was lying outstanding to be paid by M/s. Tama Stores of which the petitioner was alleged to be the proprietor. The petitioner, however, denied his status as proprietor of the said M/s. Tama Stores and the fact that the he has any amount as his outstanding liability to be paid to the defendant. This apart, as the notice was received by the plaintiff, at Guwahati, asking him to make the payment of the said alleged outstanding dues, the Court, at Guwahati, had jurisdiction to try the suit.