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2005 Supreme(SC) 1248

ARIJIT PASAYAT, C.K.THAKKER
Harshad Chiman Lal Modi – Appellant
Versus
D. L. F. Universal LTD. – Respondent


Judgment

C.K. Thakker, J.—This appeal is filed by the appellant against the order passed by the Additional District Judge, Delhi on May 25, 1998 in Suit No. 1036 of 1994 and confirmed by the High Court of Delhi on November 01, 1999 in Civil Revision Petition No. 506 of 1998 holding that Delhi Court has no jurisdiction to try the suit and the plaint should be returned to the plaintiff for presentation to proper court.

2. To appreciate the controversy raised in this appeal, admitted and/or undisputed facts may be noted. The appellant-original plaintiff entered into a ‘plot buyer agreement’ (‘agreement’ for short) with DLF Universal Limited, respondent No.1 – original defendant No.1 – on August 14, 1985 for purchase of a residential plot admeasuring 264 sq. mtrs. in Residential Colony, DLF Qutub Enclave Complex, Gurgaon, Haryana. The agreement was in the Standard Form Contract of the first respondent. According to the appellant, the agreement was made in Delhi. The Head Office of respondent No.1 was situated in Delhi. Payment was to be made in Delhi. The plaintiff paid an amount of Rs. 12,974/- (Rupees twelve thousand nine hundred seventy four only) towards the first instalment. It is t



































































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