SHAM LAL Vs. BJUPENDER SINGH GOONDLI

JUDGEMENT

(1.) The matter has been taken up through video conferencing.

(2.) The present petition is directed against the order dtd. 16/2/2021 passed by the Civil Judge (Sr. Division), Hisar (for short - the Trial Court) dismissing an application filed by the petitioner under Order 7 Rule 10 CPC seeking therein the Trial Court to return respondent No.1's plaint on the ground that the Courts at Hisar lacked territorial jurisdiction to try the same.

(3.) The facts, in brief, which are required to be noticed for adjudicating upon the present petition are that respondent No.1 filed a suit at Hisar against the petitioner and respondents No.2 to 4 seeking therein recovery of Rs.44,02,500.00 by creating charge and sale of the properties mentioned in the head note of his plaint. On being put to notice, before filing a written statement, the petitioner alongwith his co-defendants, filed an application under Order 7 Rule 10 CPC seeking the Trial Court to return respondent No.1's plaint on the ground that no cause of action, as sought tobe projected through respondent No.1's suit, arose in Hisar.