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1995 Supreme(Del) 859

M.JAGANNADHA RAO, USHA MEHRA
WILEY EASTERN LIMITED – Appellant
Versus
INDIAN INSTITUTE OF MANAGEMENT – Respondent


Advocates Appeared:
H.A.AHMADI, RAJIV NAYAR

M. Jagannadha Rao,

( 1 ) THIS appeal is by the plaintiffs 1 and 2 against the order of the learned Single Judge dated 21. 2. 1995 made in I. A. 6521/94 in Suit 2640/93. The I. A. was filed by the defendant/respondent under Order 7,rule 10a and 11 Civil Procedure Code seeking rejection of the plaint or for return of the same for presentation to the proper Court for want of territorial jurisdiction at Delhi. The learned Single Judge, under the impugned order, allowed the said application in part holding that the High Court at Delhi does not have territorial jurisdiction to try the suit and directed the plaint to be returned to the plaintiffs through their counsel for presentation to the proper Court under Order 7, Rule 10a (1) CPC. Aggrieved by the said order, the plaintiffs have preferred this appeal.

( 2 ) THE 1st plaintiff is Wiley Eastern Limited, New Delhi and the 2nd plaintiff is Prof. U. K. Srivastava, resident of Ahmedabad. The defendant is the Indian Institute of Management, Ahmedabad. The appellants filed the suit for declaration that the anonymous letter dated 29. 6. 1992 referred to in the plaint, the defendant committee s reports dated 17. 8. 1992 and 28. 9. 1992 were arb

























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