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2003 Supreme(Mad) 1918

A.KULASEKARAN
S. G. Badrinath – Appellant
Versus
V. Jagannathan & Another – Respondent


Advocates Appeared:For the Petitioner:Mr.T.R.Rajagopal, Sr.Counsel, for Mr.R.Nandakumar. For the Respondents:Mr.S.Sundaresan, Advocate.

Judgment :-

Plaintiff is the petitioner herein, who has filed the suit in O.S.No.1279 of 1998 on the file of Sub-Court, Coimtatore, for recovery of Rs.29,64,000/-, with interest and costs, against the respondents herein.

2. Respondent herein filed an application in I.A.No.1071 of 2001 under Order 14 Rule 4 and Section 151 of C.P.C., praying to decide the preliminary issue as to whether the said Court is vested with the territorial jurisdiction to try the said suit, as this Court, in C.R.P.No.1513 of 1997, directed to decide the same.

3. The trial Court, after affording an opportunity to the parties, allowed the petition, holding that it is not vested with the territorial jurisdiction. Hence, the present revision.

4. Mr.T.R.Rajaraman, learned Senior Counsel, appearing for the petitioner has submitted that the petitioner agreed to purchase the property in Coimbatore and approached the first respondent herein at his Coimbatore office, paid the amount and entered into an agreement; later, they found some defect in the title of the property and, hence, the agreement was cancelled, but the respondent failed to return the amount; the initial cause of action, namely, offer of the first respon


















































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