DEBASISH BASU Vs. JAYANTA BIKASH DHAR

JUDGEMENT

(1.) This revision petition is directed against the order dated 28.2.2005 passed by the learned Civil Judge (Senior Division), North Tripura Kilashahar in Money Suit No. 2 of 2003 directing that the question of territorial jurisdiction raised by the defendant revision-petitioner shall be decided at the time of final hearing after taking evidence from both the sides.

(2.) The fact leading to the filing of the present revision petition is that the respondent filed Money Suit No. 2 of 2003 against the petitioner as defendant in the court of Civil Judge (Senior Division), North Tripura, Kailashahar praying forpassing a decree for Rs. 4,30,000/- along with further compensation @ 18% per annum against the outstanding dues/debts payable by the defendant to the plaintiff, stating, inter alia, therein that the defendant issued a cheque dated 18.2.2000 in favour of the plaintiff on State Bank of India, Kailashahar Branch amounting to Rs. 4,30,000/-, which cheque was bounced on 2.6.2000. It has further been averred in the plaint that the plaintiff also instituted a criminal case in the Court of the learned Chief Judicial Magistrate, Agartala West Tripura under Section 138 of the Negotiable Instrument Act read with Section 420 of Indian Penal Code, which was registered as C.R. Case No. 2344 of2000. The defendant (revision-petitioner), on receipt of the summons, entered appearance and filed an application under Section 21 of the Code of Civil Procedure praying for return of the plaint under Order 7 Rule 10 of the Code of Civil Procedure, as the learned civil court at Kailashahar has no territorial jurisdiction to try the suit. The learned trial Court thereafter, upon hearting the learned counsel for the parties, has passed the impugned order dated 28.2.2005 and hence the present revision petition.

(3.) I have heard Mr. S. Deb, the learned senior counsel assisted by Mr. R.B. Sinha, the learned counsel appearing on behalf of the petitioner and Mr. D.B. Sengupta, the learned senior counsel assisted by Mrs. K. Majumder, the learned counsel appearing on behalf of the respondent.