CHETAN TEXTILES BOMBAY Vs. JETHABHAI HIRJI AND CO

JUDGEMENT

(1.) JUDGMENT :- These are two appeals from orders which arise out of similar orders. It is therefore proposed to dispose of both the appeals by this common judgment.

(2.) Appeal from order No. 132 of 1980 arises at the instance of the original plaintiff. The plaintiff had filed Special Civil Suit No. 257 of 1976 in the Court of the Civil Judge (Senior Division) Surat in respect of a money claim. Defendants Nos. 1, 2, 4 and 5 resisted the said suit as per the written statement Exhibit 14 stating therein that defendant No. 3 had expired on 1st Sept. 1975. Amongst other defences, defendants had contended that Surat Court had no jurisdiction since the cause of action had arisen in Bombay and the defendants were residing and carrying on business at Bombay. Issues in the said suit had been framed at Exhibit 17 and issue No. 2 thereof was as under: "Whether this Court has jurisdiction to hear the suit?"

(3.) It appears that an application at Exhibit 58 had been preferred in the said suit by the aforesaid defendants requesting the Court to decide the said issue as a preliminary issue. By an order dated 28th Aug. 1978 the said application was rejected. It appears that thereafter evidence of the parties was recorded and ultimately judgment and order dated 29th Feb. 1980, Exhibit 157, was passed by the Civil Judge (Senior Division), Surat in the said suit ordering that the plaint be returned to the plaintiff for presentation to the proper Court as the Court had no jurisdiction to try the suit. The aforesaid appeal No. 151 of 1980 is directed against the said judgment and order.