MONICA ELECTRONICS LIMITED Vs. R.V.A. ASSOCIATES

JUDGEMENT

(1.) MONICA Electronics Limited, the petitioner-Company was defendant No. 4 before the trial Court.

(2.) THE petitioner-firm is aggrieved against the order dated February 19, 2001 passed by learned trial Court. Vide the aforesaid impugned order an application filed by the defendant-applicants under Order 7 Rule 10 and 11 of the Code of Civil Procedure (hereinafter referred to as the "Code") has been dismissed.

(3.) THE learned trial Court after taking into consideration the material placed before it came to the conclusion that as per the averments made in the plaint, the plaint had been properly filed at Karnal and the question as to whether the court at Karnal would or would not have jurisdiction cannot be decided without leading evidence. It was held that the said controversy was a mixed question of law and facts and, therefore, the plaint was not liable to be rejected or returned as claimed by the defendant-applicant. The defendant-applicant has now approached this court challenging the aforesaid impugned order.