SHIV NARAYAN DHINGRA J.

IA Nos.14813/2007

1. This application under Order 7 Rule 10 and 11 read with Sections 16(a) and (d) and 151 of CPC has been made by the defendants for return of the plaint on account of lack of territorial jurisdiction of this Court to entertain the instant suit.

2. It is settled law that in order to consider whether a plaint is liable to be returned or not, the Court has to consider the pleadings in the plaint and see if on the basis of pleadings in the plaint, the suit is barred by any law or the Court had territorial jurisdiction to try the suit. However, the Court has to read the plaint meaningfully as a whole and cannot go by the clever drafting of the plaint. (2007) 4 SCC 343 Begum Sabiha Sultan vs. Nawab Mohd. Mansur Ali Khan and Ors.).

3. The present suit has been filed by the trustees of a public trust namely Dashmesh Education Charitable Trust and against two of its erstwhile trustees/members seeking that a money decree for a sum of Rs.12 crore be passed by the Court against the two defendants along with 24% interest and the Court should declare that the properties as detailed in paragraph 26 of the plaint belonged to the Trust. Further pra