GOPAL JAT Vs. GHEESA LAL

JUDGEMENT

(1.) This revision has been filed against the order dated 31-7-2000, by which the learned trial Court refused to hear the matter at Shahpura Camp and directed that the hearing of the case shall be at Gulabpura.

(2.) The facts and circumstances giving rise to this case are that a suit had been filed in Gulabpura in respect of the property which is situated at Shahpura and defendant-petitioner also resides at Shahpura. He filed an application during the trial that the case may be heard at Shahpura whenever the learned trial Court holds camp therein. The said application has been rejected only on the ground that the matter was within the territorial jurisdiction of Gulabpura and as the plaintiff/non-petitioner also resides at Gulabpura. Hence this revision.

(3.) The application has been rejected mainly on the ground that the plaintiff was residing at Gulabpura. Section 20 of the Code of Civil Procedure provides for filing a suit at the place where the defendant resides and where the property is situate. The territorial jurisdiction of the trial Court is not in dispute. Its jurisdiction extends to Shahpura also. As the suit property is situate at Shahpura and the defendant resides therein, it is desirable that the learned trial Court should hear the matter further at Shahpura.