AB AHAD RATHER Vs. IRCON INTERNATIONAL LTD

JUDGEMENT

(1.) THIS revision petition is directed against the order dated: 20 -5 -2000 passed by the Learned Addl. District Judge, Srinagar in appeal No. 5/2000 filed by the petitioner herein again the order dated: 21 -4 -2000 passed by the Learned City Judge, Srinagar. The Learned City Judge had returned the plaint of the petitioner herein under Order 7 Rule 10 CPC for presenting the same in the court which has the pecuniary jurisdiction. The order was challenged in appeal wherein the learned appellate court held that the trial court lacked the territorial jurisdiction to try the suit and on that count while dismissing the appeal upheld the order of the trial court.

(2.) THE order has been challenged on the ground that the appellate court (Additional District Judge) exceeded his jurisdiction by going beyond the impugned order which had not dealt with the territorial aspect of the case. The finding is based on the basis of no record and perverse in the eye of law.

(3.) THE counsel appearing for the petitioner has contended that the Ld. Trial Judge vide his order dated: 21 -4 -2000 returned the plaint to the petitioner because he had no pecuniary jurisdiction to hear a dispute which involved a cost of Rs. 19.50 crores. There was no finding that it lacked territorial jurisdiction. The appellate court on its own gave a finding that the trial court lacked the territorial jurisdiction, therefore, such a finding in the appeal is perverse in law.