Judgment

DATE OF JUDGMENT

31 /07/2025

These civil revision petitions have been filed by the defendant Nos. 1 and 2 (for short 'the defendants') under Section 115 of the Code of Civil Procedure, 1908 against the order dated 15.01.2025 passed by Additional District and Sessions Judge No. 3, Jaipur District, Jaipur (for short 'the trial Court'), by which the trial Court dismissed the application filed by the defendants under Order VII Rule 11 CPC.

Learned counsel for the defendants submits that respondent No. 1-plaintiff (for short 'the plaintiff') filed a civil suit for declaration and permanent injunction against the defendants in which defendants filed an application under Order VII Rule 11 CPC but the trial Court vide order dated 15.01.2025 wrongly dismissed the application filed by the defendants.

Learned counsel for the defendants also submits that civil Court had no jurisdiction to try the suit because by way of suit, plaintiff wanted to execute the business conducting agreement dated 25.01.2023, and only commercial Court had jurisdiction to try the suit. As per the plaintiff's contention, disputed property was transferred to S. Nand Kumar and Company Pvt. Ltd., and as per the agree