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2004 Supreme(Raj) 13

ARUN KUMAR, BRIJESH KUMAR
Pearlite Liners Pvt. Ltd. – Appellant
Versus
Manorama Sirsi – Respondent


Advocates Appeared:
Rajeev Dhavan, S.N. Bhat, D.P. Chaturvedi, Rishi Raj Baruah, Kiran Suri, Advocates

Honble KUMAR, J.–The respondent filed a suit for declaration and permanent injunction against the appellant with the following prayers:

"(a) declaring that the transfer order of the plaintiff dated 11.1.86 issued by the secretary of the first defendant company from its Head Office to the Shankar Rice Mill Godown, Shimoga belonging to M/s. Bharath Founders is illegal void and inoperative and further declare that the plaintiff is to be in the service of the first defendant company and she is entitled to all the emoluments including her salary.

(b) for permanent injunction restraining the defendants from holding any enquiry against the plaintiff on the ground that she has not complied with the order of transfer dated 11.1.86 and she is guilty of insubordination etc. as stated in the articles of charges dated 17.1.87 and inquiry indicated in the notice dated 2.2.87."

(2). The appellant while denying the averments contained in the plaint took an objection that the Civil Court had no jurisdiction to try the suit. The trial court framed various issues in the suit. The relevant issue for the present purpose is:

"Issue No. 5: Whether defendant No.1 proves that this Court has no jurisdiction to















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