HARJINDER PAL SINGH Vs. THE REGIONAL PASSPORT OFFICER

JUDGEMENT

(1.) BY filing this revision petition under Article 227 of the Constitution of India, plaintiff Harjinder Pal Singh has assailed judgment dated 24.9.2010 Annexure P/1 passed by the trial court and judgment dated 25.2.2011 Annexure P/2 passed by the lower appellate court. Plaintiff petitioner filed suit against defendant -respondent Regional Passport Officer, Jalandhar seeking mandatory injunction for correction of date and place of birth of the plaintiff in the passport issued by the defendant. Defendant was proceeded against ex -parte in the trial court.

(2.) LEARNED trial court vide ex -parte judgment dated 24.9.2010 Annexure P/1 and consequent decree sheet dismissed the plaintiff's suit. In first appeal preferred by the plaintiff, learned lower appellate court vide impugned judgment Annexure P/2 held that the court at Amritsar has no territorial jurisdiction to try the suit and therefore, the plaint has been ordered to be returned to the plaintiff. Feeling aggrieved, the plaintiff has filed this revision petitioner to challenge judgments of both the courts below.

(3.) COUNSEL for the petitioner relying on judgment of this Court in M/s. Punjab Alloys (P) Ltd., Chandigarh versus Punjab State Electricity Board, Patiala,, 2008 (1) R.C.R. (Civil) 662 contended that objection relating to territorial jurisdiction of the trial court has to be taken at the earliest possible stage failing which the objection will not be entertained at appellate stage unless grave prejudice is shown. It was thus argued that in the instant case, objection relating to territorial jurisdiction of the court at Amritsar was not raised by the defendant in the trial court and therefore, no such objection could be raised at the appellate stage.