JUDGMENT : - By an order dated 16 - 10 - 2002 this Court has formulated a preliminary issue of jurisdiction under section 9A of the Civil Procedure Code as amended for the State of Maharashtra. The issue framed is as under:

Does the plaintiff prove that this Court has jurisdiction to try the present suit?

2. After framing the issue of jurisdiction by an order dated 23 - 6 - 2005 this Court directed that the evidence be recorded on the issue of jurisdiction and a Commissioner was appointed to record the oral evidence of both sides. Accordingly, Mr. Vatsal Shah advocate was appointed as Commissioner. The Commissioner has concluded the evidence and has filed his report. The same is taken on record in accordance with the order passed by this Court on 23 - 6 - 2005. Before dealing with the motion on merits I shall deal with the issue of jurisdiction and accordingly I have heard the parties on the issue of jurisdiction. Some of the material facts of the present case are as under:

3. The present suit is filed by a club known as Lions Club International against the defendant who are claiming themselves to be a National Association of Indian Lions. By the present suit the pla

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