KRISHNA GOPAL BANIK Vs. HINDUSTAN LEVER LTD

JUDGEMENT

(1.) The plaintiff in Title Suit No. 42 of 2001 on the file of the learned Civil Judge, Senior Division, Karimganj is the petitioner in this review petition. He filed the suit for recovery of compensation of an amount of Rs. 1,00,60,617 (rupees one crore sixty lakh six hundred seventeen only) along with pendente lite with future interest till realisation of the amount. The respondent-defendant having entered their appearance filed an application under order 7, Rule 11 and Sections 16 and 20 of the Code of Civil Procedure for rejection of the plaint. The trial Court vide order dated 24.9.2001 passed in Title Suit No. 42/2001 held that the trial Court where the suit has been instituted has got territorial jurisdiction to try the suit. Being aggrieved by the said order dated 24.9.2001 the defendant in the said suit filed revision petition being Civil Revision No. 419 of 2002 in this Court.

(2.) The civil revision was heard on its own merits, which came up for consideration before the then Hon'ble the Chief Justice.

(3.) This Court having considered the contents of the plaint, as presented, found that the cause of action had arisen for claiming the amount in regard to property situated at Ramnagar, Silchar within the territorial jurisdiction of the Court established at Silchar and, thus, came to a conclusion that the trial court has committed error in holding that the Court at Karimganj has jurisdiction to try the suit. This Court accordingly interfered with the order dated 24.9.2001 and the Civil Revision was allowed by setting aside the order passed by the trial Court. However, liberty was granted to the plaintiff petitioner to take back the plaint and present it in a proper court for its enquiry and trial in accordance with law.