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1957 Supreme(Raj) 26

MODI
Ranulal – Appellant
Versus
Daudas – Respondent


Advocates Appeared:
Ratanlal, for petitioner; B.N. Chanda, for opposite-party

Modi, J—This is a revision by the defendant Ranulal in a case which is pending in the court of the Additional Civil Judge, Jodhpur, and raises a question of jurisdiction,

2. The contesting opposite-parties instituted a suit against the petitioner and opposite-party No. 3 for recovery of money in the court of the Civil Judge, Jodhpur, on the 28th Sept.. 1954. This was later transferred to the court of the Additional Civil Judge, Jodhpur, where it is pending at the moment. On the 26th July, 1956, the petitioner made an application before the trial Judge contending that he had no jurisdiction to try the case. There is no dispute that the cause of action for the suit Arose at Pokaran and defendant opposite-party No. 3 is also a resident of Pokaran. The petitioner lives in Balotra, and it is urged that Pokaran as well as Balotra are outside the territorial limits of the Civil Judge, Jodhpur, and consequently the Additional Civil Judge can have no jurisdi:tion to try this case. It was, therefore, prayed that the plaint be returned to the plaintiffs for presentation to the proper court. This application was opposed in the trial court, and the learned judge held that he had and has jurisdic















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