Monday, 26 April 2021

Whether court should reject or return the plaint if the cause of action has occurred in the jurisdiction of another court?

  In the backdrop of the aforesaid legal position, reverting to the facts of the case, it appears that the territorial jurisdiction of the Civil Judge, Senior Division, Islampur, was sought to be questioned on the premise that the entire transaction between the plaintiff and defendant no.1 had occurred within the local limits of the jurisdiction of the Court at Pune, and no part of the cause of action arose within the limits of the Court at Islampur. Strictly speaking, it is not the case of the defendants that the plaint does not disclose a cause of action. At best, the case of the petitioners - defendants was that, though there was a cause of action for institution of the suit, yet, the same arose within the jurisdiction of the Court at Pune and, therefore, the  plaint was liable to be rejected. Ex facie, it appears that the grounds raised by the petitioners would, if accepted, warrant return of the plaint for presentation to the proper jurisdictional Court. A case for rejection of the plaint was thus not made out.{Para 10}

Bombay High Court
Ajay Bandu Darekar And Ors vs Adhikrao Baburao Deshmane And Anr on 9 December, 2019

Bench: N. J. Jamadar
Read full Judgment here: Click here
Citation: 2020(5) MHLJ 672
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