(July 17, 2001) 2001 (TLS)126160

2001-DLT-93-834 :: 2001-AD (Del)-6-909

PRADIP GUPTA Vs. Haryana Financial Corporation

DEVINDER GUPTA

( 1 ) THE order passed on 21. 9. 2000 by learne. d Single Judge is under challenge by which learned Single Judge decided issue No. 5 holding that this Court has no jurisdiction to fry Hie suit and consequently directed the plaint to be returned for being presented in an appropriate court having jurisdiction to try the suit.

( 2 ) FACTS in brief are that on 10. 4. 1994 the plaintiff/appellant filed a suit seeking decree for declaration, permanent injunction and rendition of accounts against the defendant respondent. The prayer clause reads:- "it is, therefore, most respectfully prayed that this Hon ble court would be pleased to pass: (i) declaring that the claim of the defendant on the basis of guarantee dated 7. 3. 75 has become barred by time and hence no amount is recoverable from the plaintiff on the basis thereof: (ii) of permanent injunction restraining the defendant, its agents, servants, employees, representatives, assigns, administrators, etc. be passed restraining them from recovering any amount from the plaintiff on the basis o