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2023 Supreme(Raj) 1305

SUDESH BANSAL
Chouki Dhani, A Unit Of Kaveri Hotels Pvt. Ltd. – Appellant
Versus
Choukhi Dhani Resorts Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Mahesh Gupta, Mr. Y.J. Jasani, Mr. Pratik Jasani.
For the Respondent: Mr. Ram Singh Bhati.

JUDGMENT :

1. Instant civil revision petition has been preferred by petitioner-defendant under Section 115 of Code of Civil Procedure, feeling aggrieved and dissatisfied with the order dated 10.01.2006 passed by the Additional District Judge No.2, Jaipur City, Jaipur in Civil Suit No.52/2005, dismissing an application dated 07.05.2005 filed by the petitioner-defendant, to reject the plaint or in alternative to return the plaint of respondent-plaintiff, for presentation to the appropriate Court, having territorial jurisdiction to try the suit. The fundamental and preliminary objection raised by the petitioner-defendant by way of filing the present application is that the civil suit filed by respondent-plaintiff for declaration, permanent & perpetual injunction, for passing off action of trade-mark before the district Court at Jaipur, does not disclose accrual of cause of action within Jaipur City and as such, the district Court at Jaipur does not have the territorial jurisdiction to try the present suit. Hence, the suit either be rejected under Order VII Rule 11 CPC or in alternative be returned to the plaintiff under Order VII Rule 10 CPC, for presentation before the appropriate Co

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