VISVESWARAYA IRON AND STEEL LTD Vs. PRESS WELD ENGINEERS
HIGH COURT OF KARNATAKA
VISVESWARAYA IRON AND STEEL LTD
PRESS WELD ENGINEERS
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(1.) This CRP under S. 115 of the CPC, is
directed against the order dated 10th Feb.
1977 passed by the learned District Judge,
Shimoga, in MA No. 1 of 1976 confirming
the order dated 5 11-1975 passed by the
learned Prl. Civil judge, Shimoga, in OS
No. 104 of 19'?4.
(2.) One of the issues framed in the suit
pertains to the jurisdiction of the Court to
try the suit. It is Issue No. 1 and it is as
follows: "Whether this Court has no
jurisdiction to try this suit ?" This issue
is tried as a preliminary issue. As agreed
by the parties, the issue has been decided
on the basis of the documents produced by
them. The trial Court has held that the
Court at Bhadravathi has no jurisdiction
to try the suit. It has accordingly directed
the return of the plaint to the plaintiff for
presentation to the proper Court. This
order was taken up in appeal before the
District Judge, Shimoga, who has concurred with the opinion of the trial Judge
and has also further held that the suit itself is not maintainable. Accordingly, the
learned District Judge has dismissed the
(3.) In this civil revision petition, as far
as the finding recorded by the learned
District Judge on the question of maintainability of the suit is concerned, it is
submitted by Sri P. R. Srinivasan, learned
Counsel for the petitioner, that this question has not been argued by any of the
parties and the learned District Judge has
taken up the question on his own accord
and has recorded a finding against the
plaintiff. The correctness of this submission is not disputed by Sri C. G.
Gopalaswamy, learned Counsel for the respondent.
Therefore, there is no difficulty in setting
aside the finding of the learned District
Judge regarding maintainability of the
suit. Even otherwise, the learned District
Judge ought not to have embaiked upon
this question having come to the conclusion that the Court at Bhadravathi has no
jurisdication to try the suit.;
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