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1998 Supreme(P&H) 675

SAT PAL
Harinder Kumar Sole Prop. Of Kissan Khad Store – Appellant
Versus
Coromandal Fertilizers Ltd. – Respondent


Judgment

Sat Pal, J.

1. This petition has been directed against the order dated 10.12.1996 passed by Additional Civil Judge (SD) Rajpura. By this order, the learned trial court has allowed the application filed by respondent-defendants under order 14 Rule 2(2) read with Sections 20 and 151 CPC for treating issue regarding the territorial jurisdiction as preliminary issue. Notice of this petition was issued to the respondent.

2. In this case, the petitioner-plaintiff has filed a suit against the respondent-defendant for recovery of Rs. 9,63,523-94 P alongwith interest at the rate of 18% per annum. In the written statement filed on behalf of the respondent-defendants, preliminary objection has been raised that the court has no jurisdiction to try, entertain and to adjudicate upon the suit filed by the petitioner. On the basis of the pleadings of the parties, the issues were framed by the learned trial court and one of the issues framed is with regard to the territorial jurisdiction of the learned trial court.

3. After framing of the issues, the respondents-defendants filed an application under Order 14 Rule 2(2) read with Section 20 and Section 151 CPC for treating the issues regardin













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