- (1.) This revision under Section 115 CPC has arisen from order dated 15.09.2007 passed by Civil Judge (Senior Division), Gautam Budh Nagar in Original Suit No. 599 of 2005, deciding issue no.3, relating to territorial jurisdiction and answering the same in negative and also rejecting application no. 22-C filed by the defendant revisionist, praying for rejection of plaint on the ground of lack of territorial jurisdiction of Court below.
(2.) Plaintiff respondent instituted Original Suit No. 599 of 2005 seeking permanent injunction restraining defendant revisionist from allotting and handing over possession of the disputed flat to any other person and also to restore allotment in favour of plaintiff respondent along with his possession. Defendant revisionist filed an application 22C under Section 9 read with Section 151 CPC, raising preliminary objection in view of para 39(c) of master brochure as well as para 25 of allotment letter dated 09.07.2003 stating that jurisdiction lies only with Civil Court at Delhi or Delhi High Court, as the case may be. It is this application which has been rejected by Court below. Hence this revision.
(3.) It is contended that the condition in the master brochure as well as allotment letter constitutes consent of allottee, providing that in respect of dispute, if any, between parties which needs to be resolved through Court, only the Court at Delhi would have jurisdiction, was binding upon plaintiff-respondent and Court below has erred in law in taking otherwise view.;