Sanjay Kishan Kaul, J.

1. The principle of forum non convenience emerged as a concept primarily applicable to a foreign forum. The important question whether it will apply to domestic forum in India governed by Code of Civil Procedure, 1908 (hereinafter referred to as the "said Code") has given rise to the present appeals since the appellants have been non suited by the learned Single Judge applying the said principle.

2. The doctrine of forum non convenience which originated in Scotland and thereafter brought to England and United State of America simply put means that if legal proceedings are initiated in a particular forum and that forum is of the opinion that there is a more convenient forum where such lis should be tried, it desists from trying the particular lis. The meaning to be given to “convenience”, and as to whether other parameters also come into play, is another aspect which has developed in respect of this doctrine over a period of time making its application more stringent.

The factual background

3. M/s Glaxo Smithkline Consumer Healthcare Limited is a company incorporated and registered under the Companies Act, 1956 while Horlicks Limited, United Kingdom