Viney Mittal, J.

1. In view of the law laid down in the case of Shiv Shakti Coop. Housing Society Nagpur v. Swaraj Development and Ors., J.T. 2003(4) S.C. 255 the revision petition filed by the petitioner under Section 115 CPC is not maintainable.

2. Faced with this difficulty, the learned counsel submits that the present revision petition be treated as petition under Article 227 of the Constitution of India. The prayer made by the learned counsel is allowed.

3. The present petition has been filed by defendant No. 2 M/s Modern Food Industries (India) Ltd. The order dated April 21, 1994 passed by the learned trial Court has been impugned.

4. A suit for permanent injunction was filed by plaintiff-respondent No. 1 for restraining defendant No. 1 from releasing the amount of Rs. 1,94,000/- to defendant No. 2 on the basis of specimen bank guarantee dated January 27, 1992. It was claimed that the aforesaid bank guarantee could not have been encashed by defendant No. 2.

5. The defendants appeared. A separate written statement was filed by defendant No. 2. In the written statement filed by defendant No. 2, the territorial jurisdiction of Ludhiana Court was challenged. It was submit