ENGINEERING PROJECT (INDIA) LIMITED Vs. J.A. BROTHERS

JUDGEMENT

(1.) Heard Mr. P. Goswami, learned counsel appearing for the petitioners. Also heard Mr. R. B. Phookan, learned counsel appearing for the respondent.

(2.) By this application under Sec. 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as the "CPC"), the petitioners have assailed the order dtd. 14/5/2019 passed by the learned Civil Judge No. 1, Kamrup (Metro), Guwahati (hereinafter referred to as the "trial court") in Petition No. 290/2019 arising out of Title Suit No. 527/2018, whereby the application filed under Order VII Rule 10 CPC for return of the plaint came to be rejected.

(3.) The brief facts, shorn of unnecessary details, are that the respondent, as plaintiff, instituted Title Suit No. 527/2018 before the trial court seeking, inter alia, declaration, specific performance, alternative monetary reliefs, and injunctions. At the threshold, the defendants/petitioners filed Petition No. 290/2019 under Order VII Rule 10 CPC praying for return of the plaint on the ground that the courts at Guwahati lacked territorial jurisdiction, inasmuch as the parties had expressly conferred exclusive jurisdiction upon the courts at Delhi. The trial court, by the impugned order, rejected the said application, giving rise to the present revision petition.