S. RAVINDRA BHAT, J.

1. The appellant is aggrieved by the order of the learned Single Judge of this Court, dismissing his application for rejection of the suit. The learned Single Judge notices that the appellant/defendant’s claims for rejection of the suit, encompasses this Court in Delhi and Punjab and that the suit is a suit for partition for properties situated in Delhi as also in Punjab and some of them were agricultural properties. The learned Single Judge considered the application-framed issues, and has pressed his opinion in the following terms :

“6. The contention of the applicant/defendant relying upon Section 16 CPC that this Court would not have territorial jurisdiction with respect to properties in Punjab is misconceived because of Section 17 CPC which states that where more than one court has jurisdiction, a suit can be filed at any one court where anyone immovable property is situated. Applicant/defendant has overlooked the provision of Section 17 CPC.

7. So far as the issue that defendant has filed a suit against the plaintiff which is pending in the Court at Punjab and therefore the trial of the present suit should not continue as per Section 10 CPC, it is not