Civil Revision No. 2773 of 2021

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Civil Revision No. 2773 of 2021

DATE OF DECISION :- November 15, 2021

M/s System Engineers Cutting and Welding Pvt. Ltd.

...Petitioner

Versus

Subhash Chand

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN

Present:-

Mr. Pardhuman Garg, Advocate for the petitioner.

***

Plaitiff Subash Chand had filed a suit for mandatory injunction

against defendant M/s System Engineers Cutting and Welding Pvt. Ltd., Faridabad

craving for issuance of mandatory injunction directing the defendant to take back

wall crafting and other material wrongly supplied by the defendant to the plaintiff

besides seeking recovery of Rs. 6 lacs etc. That suit was filed in the Court of Civil

Judge (Sr. Division), Ludhiana. On getting notice thereof the defendant appeared

and filed written statement contesting the suit challenging the territorial

jurisdiction of civil Court at Ludhiana to entertain and try the same rather

contending that such jurisdiction vests with the Court at Faridabad. An application

under Order 7 Rule 11 read with Section 151 CPC for return of the plaint was filed

on behalf of the defendant. Obviously the provision was wrongly mentioned since

Order 7 Rule 11 read with Section 151 CPC deals with rejection of the plaint and

the provision relating to return of plaint is under Order 7 Rule 10 CPC. In the

prayer clause return of plaint was sought. That application was opposed by the

plaintiff. The trial Court vide impugned order had dismissed the application

leaving defendant aggrieved who has approached this Court by way of filing the

present petition.

PARVINDER SINGH

2021.11.15 16:53

I attest to the accuracy and

integrity of this document

Civil Revision No. 2773 of 2021

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I have heard learned counsel for the revisionist besides going through

the record.

In this case the territorial jurisdiction of the Court appears to be a

mixed question of law and facts. If deemed proper and appropriate and if so

advised the defendant may request the trial Court to treat issue in that regard as

preliminary one and then the trial Court may decide that question earlier. With

such observations, the present revision petition is disposed of.

(H.S. MADAAN)

JUDGE

November 15, 2021

p.singh

Whether speaking/reasoned

Yes/No

Whether Reportable

Yes/No

PARVINDER SINGH

2021.11.15 16:53

I attest to the accuracy and

integrity of this document