SANT RAM Vs. PARAS RAM

JUDGEMENT

(1.) THE plaintiffs appellants filed a suit in the Court of the District Judge, Mahasu, against the respondent for the recovery of a sum of Rs. 14,600/ . Therein, the defendant was shown as a resident of village Kyartoo, Tehsil Theog, District Mahasu. The suit was resisted, 'inter alia', on the ground that the defendant was & resident of village Ambota in district Hoshiarpur, Punjab, and he did not reside or carry on business within the jurisdiction of the District Judge, Mahasu. A preliminary issue on this point was framed and parties led evidence upon it. The learned District Judge (Mr. Chet Ram) upheld the defendant's contention and directed that the plaint be returned for presentation to the proper Court. Hence, this appeal by the plaintiffs.

(2.) UNDER Section 20, Civil P. C., every suit shall be instituted in a Court, within the local limits of whose jurisdiction, the defendant actually and voluntarily resides, or carries on business, or personally works for gain. In support of the contention that the defendant resided at Kyartoo within the jurisdiction of the District Judge, Mahasu, Sant Ram, plaintiff No. 1, examined himself and produced two witnesses and some documentary evidence. In addition, there is a petition under Order 41, Rule 27, Civil P. C., whereby the appellants want to' produce a copy of the affidavit, filed by the respondent in the Punjab High Court, on 2 7 1953. I shall deal with this later on.

(3.) THAT brings me to the application under Order 41, Rule 27, Civil P. C., in which I am requested to admit copy of an affidavit, dated 2 7 1953, filed by Paras Ram in the Punjab High Court in Civil Revision 228 of 1953. The application is supported by an affidavit to the effect that it was only after the defendant's statement had been recorded by the District Judge of Mahasu, that they came to know that Paras Ram had filed this affidavit in the Punjab High Court. There is no counter affidavit. Learned counsel for the respondent cited, 'inter alia', ' Arjan Singh v. Kartar Singh', AIR 1951 SC 193 (A), where it was held: