BEER SINGH Vs. PALWINDER SINGH

JUDGEMENT

(1.) THE suit has been brought at Amritsar for recovery of earnest money of Rs. 8,00,000/ - and similar amount as penalty along with interest @ 18% pa w.e.f. 13.04.2007 till final payment. The suit has been filed on the basis of an agreement of sale dated 13.04.2007 entered into between the parties regarding land measuring 12 kanals 6 marlas falling in village Sangatpur, Tehsil Ajnala, District Amritsar. The petitioner filed an application under Order 7 Rule 10 CPC, for return of plaint for want of territorial jurisdiction. The application has been dismissed by the learned Civil Judge (Senior Division), Amritsar vide his order dated 30.05.2014. The learned trial Judge has found the defendant no. 1 resides in Amritsar, therefore, Amritsar Court has sufficient territorial jurisdiction to entertain and try the suit. Section 20 CPC supports such a conclusion. If the land falls in the revenue estate of village falling in Tehsil Ajnala, execution proceedings can take place there, in case the suit is decreed.

(2.) THIS Court finds no cause to interfere with the order dated 30.05.2014 and the application under Order 7 Rule 10 CPC has been rightly declined.