NARAYANA HRUDAYALAYA HOSPITAL Vs. SATYANARAYAN SHARMA

JUDGEMENT

(1.) Instant S.B. Civil Revision Petition is preferred aggrieved from order dtd. 6/3/2017 in Civil Suit No.46/2014 titled as "Satyanarayan & Ors. Vs. Kishgarh Marble Udyog Vikas & Ors." whereby learned Additional District Judge, Kishangarh had dismissed the application under Order 7 Rule 11 of CPC preferred by petitioners who were arrayed as defendant nos. 7 and 8.

(2.) A civil suit under Sec. 1-A and 2 of the Fatal Accident Act, 1885 was filed by the legal representatives of Bhanwargopal Sharma to claim compensation on the ground that due to negligence in treatment of Bhanwargopal Sharma by defendant nos. 2, 3 and 5 to 8, Bhanwargopal Sharma died on 31/3/2014. The plaintiff respondent nos. 1 to 5 have claimed compensation of Rs.90,00,000.00 from the defendants which includes defendant no.1 and defendant no.4.

(3.) During pendency of this civil suit an application under Order 7 Rule 11 CPC was filed by present petitioners, arrayed as defendant nos. 7 and 8 on the ground that the suit of the plaintiffs is not maintainable under the Fatal Accident Act, 1885 and present petitioners have no relation with defendant nos. 1 to 6. Furthermore, the cause of action was not accrued in the jurisdiction of District Court, Kishangarh (Ajmer). The objection about the misjoinder of cause of action was also raised. Learned trial court has dismissed the application on the ground that partially cause of action arose in the jurisdiction of Kishangarh and partially in Jaipur, therefore, the suit is maintainable. Aggrieved from aforesaid, the instant revision petition is preferred before this Court.