NILKAMAL LTD Vs. NANOTECH PVT LTD

JUDGEMENT

(1.) The Petitioner feeling aggrieved by the rejection of his prayer to return the plaint of Title Suit No. 223/08 filed in the court of learned Civil Judge, Guwahati, for want of territorial jurisdiction to try the suit by the learned trial court vide impugned order dated 18.3.2010 passed in Misc. (J) Case No. 268/08 has approached this Court praying for revising the said order under Section 115 of the Code of Civil Procedure, 1908.

(2.) I have heard Mr. D. Das, learned Counsel for the Petitioner and Mr. G.N. Sahewalla, learned senior counsel for the Plaintiff/Respondent.

(3.) The Respondent herein as Plaintiff instituted a suit against the Petitioner impleading him as Defendant No. 1 registered as Title Suit No. 223/2008 and is pending for disposal in the court of learned Civil Judge, No. 3, Kamrup, Guwahati. The suit of the Plaintiff is for declaration and permanent injunction; to be more specific, the Plaintiff sought for the following reliefs in the suit: