JAGJIT SINGH GILL Vs. SATWANT KAUR

JUDGEMENT

(1.) The defendant-petitioner is aggrieved by the order passed by the trial Court dated 25.2.2011 declining the application filed by him under Order 7 Rule 10 of the Code of Civil Procedure (in short, "the Code") for returning the plaint on the ground that the trial Court had no territorial jurisdiction.

(2.) The facts may be briefly noticed. The plaintiff-respondent filed a suit for declaration to the effect that she is the exclusive owner in possession of 1/4th share of the properties belonging to Arjun Singh. The defendants filed an application under Order 7 Rule 10 read with section 151 of the Code for returning the plaint to the plaintiff for presentation before the competent Court having territorial jurisdiction. The respondent contested the said application by filing a reply. The trial court vide order dated 25.2.2011 rejected the said application. Hence this revision petition.

(3.) Learned counsel for the petitioner submitted that the dispute relates to 18 properties out of which 17 properties are situated within the territorial jurisdiction of Moga and it was only one property which is situated within the jurisdiction of District Courts at Ludhiana. According to the counsel, Section 16 of the Code provides for jurisdiction in respect of immovable properties and it provides that the Court where either the defendant resides or within the local limits of whose jurisdiction entire property is situated shall have the jurisdiction to entertain the suit.