LAWS(DELCDRC)-2010-5-18

SARDAR SWARANJEET SINGH Vs. ANIL KUMAR DIXIT

Decided On May 12, 2010
Sardar Swaranjeet Singh Appellant
V/S
Anil Kumar Dixit Respondents

JUDGEMENT

(1.) THIS appeal filed by the OP against order dated 22.1.2010 recorded in Complaint Case No.1727/ 2009 has been challenged mainly on the ground that the dispute falls within territorial jurisdiction of District Forum -X whereas respondent/complainant has chosen to file the complaint before District Forum No. VI and that another case with same cause of action had already been pending under different Complaint Case No. 506/209 and the learned District Forum -VI had entertained the present complaint and granted ex parte interim order on 4.1.2010.

(2.) TAKING these objections the appellant/ OP filed an application and requested for deciding the preliminary objections regarding territorial jurisdiction because the instant complaint was not maintainable on the ground that OP/appellant has been residing and work for gain at Lajpat Nagar for which District Forum -X alone has jurisdiction. The District Forum rejecting this contention of the appellant/ OP passed the impugned order dated 22.1.2010 to the following effect:

(3.) WE have heard the learned Counsel for the appellant and have considered his contentions regarding preliminary objection against the maintainability of the complaint. We have also perused the impugned order.