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CHITTA RANJAN DASH, PARTHA SARATHI SEN
Magnet Construction Pvt. Ltd. – Appellant
Versus
Krishna Trading – Respondent
JUDGMENT :
PARTHA SARATHI SEN, J.
1. In this appeal the Order no. 19 dated 22.12.2022 as passed in Title Suit No. 1289 of 2022 by the learned Judge-in-Charge, Bench No.XII, City Civil Court at Calcutta has been impugned. By the impugned order learned trial court has dismissed the plaintiffs’ application dated 16.06.2022 as filed under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure and at the same time directed for return of the plaint for presentation of the same before the Competent Court having jurisdiction to try the same holding that the said Court had got no territorial jurisdiction to try the said suit. The plaintiffs felt aggrieved and preferred the instant appeal.
2. Mr. Banerjee, learned counsel appearing for the appellants in course of his submission draws attention of this Court to the impugned order as passed by the learned trial court. It is contended by Mr. Banerjee that a serious miscarriage of justice has been occurred since the learned trial court while disposing an injunction application passed the order impugned i.e. an order for return of plaint. It is further contended by Mr. Banerjee, that learned trial court ought to have framed a pr
The central legal point established in the judgment is that the territorial jurisdiction of a court to entertain a suit for immovable property is determined by the location of the property as per Sec....
The main legal point established in the judgment is that the court has no power to decide on rights and interests in immoveable property not situated within its territorial jurisdiction, as mandated ....
Jurisdiction under Section 16 of CPC mandates that actions affecting property must be brought in the court where the property is situated, irrespective of contractual jurisdiction clauses.
The central legal point established in the judgment is the application and interpretation of Section 17 of C.P.C. in cases involving immovable properties situated within the jurisdiction of different....
Objections to territorial jurisdiction should be entertained only if there has been a consequent failure of justice, as per Section 21 of the Code of Civil Procedure.
A suit claiming jurisdiction based on receipt of termination notice is invalid if the associated contract's termination occurs outside the jurisdiction of the court.
The Courts at Patiala did not have jurisdiction to entertain the suit of the respondent as the suit property/res is situated in Gurugram. The agreement in question is a forged and fabricated document....
The main legal point established is that in cases of lack of territorial jurisdiction, the proper remedy is to return the plaint to the plaintiff for presentation before the appropriate court with te....
The central legal point established in the judgment is that the refusal of jurisdiction by a civil court should not be easily inferred and must be decided on merits, especially when it involves quest....
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