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2021 Supreme(Mad) 454

TEEKAA RAMAN
City Ultra Sound – Appellant
Versus
Emsons (Agencies) Pvt. Ltd. , Pondicherry – Respondent


Advocates Appeared:
For the Petitioners:Hema Sampath, Senior Counsel, R. Meenal, Advocate.
For the Respondent: S.R. Raghunathan for Caveator.

JUDGMENT :

(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, against the fair and decreetal orders dated 21.08.2020 passed by the learned II Additional District Judge, Puducherry, in I.A.No.615 of 2019 in O.S.No.12 of 2015.)

1. This Civil Revision Petition is filed under Article 227 of the Constitution of India.

2. Defendants are the revision petitioners herein. The respondent herein has filed a suit in O.S.No.12 of 2015 before the learned Chief Justice, Puducherry, made over to the learned II Additional District Judge, Puducherry, for recovery of money by an unpaid seller for goods sold and delivered. The sale of the goods is Pre-used MRI machine and based on which, the amount fell due and payable is a domestic sale.

3. Defendants have filed written statement disputing the territorial jurisdiction of the Court and also raised the plea of limitation inter alia contended on merits. Trial has commenced. P.W.1 was examined in chief. At this juncture, the defendants have filed an interlocutory application in I.A.No.615 of 2019 in O.S.No.12 of 2015 under Order XIV Rule 2 of CPC to take up the jurisdiction issue as preliminary issue. The said applicati

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