CITY BANK OF LAHORE Vs. DUNI CHAND

JUDGEMENT

(1.) On the 15th of February 1949, the City Bank of Lahore, Limited (in liquidation) instituted Civil Suit No. 5/3 of 1949 for the recovery of Ra. 22,153/1/9 from Messrs. Duni Chand and Sons, Sham Lal and Gopal Krishan.

(2.) Defendants Nos. 1 and 2 resisted the suit pleading 'inter alia' that the suit could not be instituted in the Civil Courts at Simla.

(3.) Finding that the suit could not be instituted in the Civil Courts at Simla, the Court of first instance has rejected the plaint under Rule 11 of Order VII of the Code of Civil Procedure. The plaintiff-bank appeals: