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1995 Supreme(MP) 423

J.G.CHITRA
PRAKING – Appellant
Versus
STATE BANK OF INDORE – Respondent


Advocates Appeared:
A.K.SETHI, A.M.M.Bargat

J. G. CHITRA, J.

( 1 ) THIS revision petition is heard finally on request of both the counsel appearing for contesting litigants.

( 2 ) SHRI A. K. Sethi, counsel for the petitioner submitted that the loan granted to petitioner was at Indore, the documents in respect of said loan were also executed at Indore and the petitioner resides at Indore. The loan was obtained from branch of Opponent No. 1 situated at Indore. Therefore, only the Indore Civil Court is having jurisdiction to entertain suit in view of provisions of S. 20 of C. P. C.

( 3 ) SHRI Sethi, also pointed out that the prayer clause of the plaint deals with prayer for refund of money and it also indicated that money should be refunded along with the interest and, therefore, though the property which has been mortgaged is situated within the jurisdiction of Ratlam Court, Ratlam Civil Court does not have the jurisdiction to entertain the suit.

( 4 ) HE made a grievance that learned trial Court did not consider this important facet of the matter and committed the error of law in rejecting the prayer of the petitioner disputing the jurisdiction of the Court. He submitted that said order be reversed as it is illegal.

( 5 ) REPL











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