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2016 Supreme(All) 1166

ATTAU RAHMAN MASOODI
KANDARP CONSTRUCTION INDIA PVT. LTD. – Appellant
Versus
BRIJESH PATHAK – Respondent


Advocates:
Counsel :
Brijesh Kumar Saxena and Ritesh Kumar Srivastava for the Revisionist; Abhinav N. Trivedi for the Opposite Party.

JUDGMENT

Hon’ble Attau Rahman Masoodi, J.—This revision filed under Section 115 of Code of Civil Procedure is directed against the judgment/order dated 28.5.2015 passed in Regular Suit No. 2887 of 2014 whereby preliminary objection i.e. lack of territorial jurisdiction of the Court below raised by the revisionist/defendant, giving rise to a preliminary issue, has been decided against him and the suit has been held to be rightly filed before the Court of Civil Judge, Senior Division, Mohanlalganj, Lucknow instead of returning the plaint for being filed before the Court of Civil Judge, Senior Division, Malihabad, Lucknow, within whose territorial jurisdiction the immovable property is situated.

2. The impugned order passed by the Court below gives rise to the following questions of law:

(1) Whether a preliminary issue relating to the territorial jurisdiction of a Court can be framed on the basis of an objection raised by the defendant before filing a written statement and if yes, as to what would be the manner of deciding such an objection;

(2) Whether the relief sought in the suit at hand essentially relates to a dispute in relation to immovable property and consequently the objectio























































































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