HARDEV SINGH SODHI Vs. USHA TREHAN

JUDGEMENT

(1.) This is a revision petition filed by Hardev Singh Sodhi (hereinafter described as 'the petitioner') directed against the order passed by the learned Civil Judge (Sr. Division), Amritsar dated 22.7.1998. By virtue of the impugned order, the learned trial Court refused to treat the issue pertaining to territorial jurisdiction of the Court as a preliminary issue.

(2.) The relevant facts are that respondent - Smt. Usha Trehan had filed a civil suit for recovery of Rs. 7,99,800/- against the petitioner. It was asserted that the petitioner approached the plaintiff-respondent to start the export and other business in partnership. The respondent alleged that petitioner assured that he will convert his partnership by entering into a regular partnership with the respondent. The petitioner took from the respondent-plaintiff a sum of Rs. 6 lacs. Rs. 2 lacs were paid vide a draft payable at New Delhi on 17.6.1994 and the remaining amount was paid vide draft amounting to Rs. 4 lacs dated 18.6.1994. Thereafter, the petitioner did not take the respondent into business nor any partnership deed was executed. The amount paid was not returned. In paragraph 7 the respondent pleaded:-

(3.) The civil suit has been contested and the petitioner in the written statement besides other pleas, took up the objection that the civil courts at Amritsar have no jurisdiction to entertain the suit. It was asserted that as per assertions in the plaint, no cause of action has arisen within the territorial jurisdiction of courts at Amritsar. The petitioner resides at Delhi and he does not carry on any business at Amritsar.