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IN THE HIGH COURT AT CALCUTTA
ARINDAM MUKHERJEE
Medhavi Skills University, Sikkim – Appellant
Versus
Nikita Thakuria – Respondent
JUDGMENT :
Arindam Mukherjee, J.
1. This is an application filed by the sole defendant for rejection of the plaint filed in CS/169/2024 on the ground that this Court lacks territorial jurisdiction to receive, try and determine the suit. Although, the prayer is for rejection of the plaint, but there is no separate prayer for revocation of leave under clause 12 of the Letters Patent 1865 by obtaining which the plaintiff invoked the jurisdiction of this Court for the plaint to be received by this Court to institute the suit.
2. After hearing the argument advanced by the defendant and the response from the side of the plaintiff, it appears that the application is for return of the plaint on the ground that this Court does not have the territorial jurisdiction to receive, try and determine coupled with the forum inconvenience principal.
Submission by the defendant :-
A. The principal argument is that the defendant ordinarily resides at Guwahati, Assam. The defendant on being selected went to Sikkim to perform the job of a management trainee in the plaintiff university. The defendant, while working at Sikkim, allegedly faced certain unpleasant situation in connection whereof the defendant had
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The jurisdiction of a defamation suit depends on where the wrong was committed, and plaintiffs must establish jurisdiction based on actual residency and occurrence of harm.
Jurisdiction for defamation suits can be established based on location of reputational harm, and applications for return of plaint must consider circumstances as they existed at the time of filing.
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