1. Application Exh. 75,77,82,377 are rejected.

2. Cost in cause.

3. Parties to take note.”

14. The learned Trial Court has further concluded that the suit filed by Respondent Nos. 1 and 2 is governed by the proviso under Section 16 independently and dehors the provisions of Section 16 , and in any case not clause (d) of Section 16 . In effect, what the learned Trial Court has held is that the suit as filed can be determined by the learned Trial Court under the proviso to Section 16 and the reliefs sought for can be entirely obtained through the personnel obedience of the Defendants in Pune. In effect, this means that the learned Trial Court has determined the maintainability of the suit within the territorial jurisdiction of Pune on the ground that the proviso to Section 16 applies dehors the substantive provision contained therein. 15. The substantive provisions i.e. Section 16 (d) along with proviso reads thus:-

“16. Suits to be instituted where subject-mater situate – subject to the pecuniary or other limitations prescribed by any law, suits -

(a) … (b) … (c) …

(d) for the determination of any other right to or interest in immediately property, (e) … (f) …, shall be inst