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2019 Supreme(All) 718

SHABIHUL HASNAIN, SAURABH LAVANIA
Prem Kumar Rastogi – Appellant
Versus
On-Up Automobiles Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant : Apoorva Tewari,Paavan Awasthi
For the Respondent: Nishant Srivastava

JUDGMENT :

Saurabh Lavania, J.

1. Heard Sri Anil Tewari, Senior Advocate on behalf of the appellant assisted by Sri Apporva Tewari and Sri Paavan Awasthi, Advocates and Sri N.K. Seth, Senior Advocate on behalf of the respondents assisted by Sri Rakesh Krishna, Advocate.

2. Under appeal is the order dated 27.10.2018 passed by Civil Judge (Senior Division), Mohanlalganj, Lucknow in Regular Suit No. 2003 of 2018. By means of the order under appeal dated 27.10.2018, the learned Court below decided the issue of territorial jurisdiction raised by the defendant/respondent through application dated 22.10.2018, under Order 7, Rule 11 of Code of Civil Procedure (in short "CPC"), and held that the Court has no jurisdiction to try the suit and return the plaint of Regular Suit No. 2003 of 2018 to the appellant/plaintiff under Order 7, Rule 10 of CPC.

3. The submission of Sri Anil Tewari, learned Senior Advocate for the appellant while assailing the order dated 27.10.2018 is to the effect that the Trial Court erred in law in relying upon the assertions made by the respondent/defendant as the same is impermissible in law, keeping in view the principles settled while dealing with the application unde



















































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