Prasenjit Mandal, J. - (1.) THIS application is directed against the judgment dated November 26, 2008 passed by the learned Additional District Judge, Fast Track Second Court, Sealdah in Civil Revision Case No.3 of 2007 allowing the civil revisional application with costs by way of setting aside the order dated January 29, 2007 passed by the learned Civil Judge (Senior Division) at Sealdah in Title Suit No.67 of 2003.
(2.) THE short fact is that the plaintiff instituted the said suit for declaration, permanent injunction and other reliefs before the learned Civil Judge (Senior Division) at Sealdah. Amongst other reliefs, the plaintiff has sought for decree for payment of Rs.3,63,103.31 paisa. THE defendant/opposite party herein appeared and he is contesting the said suit by filing a written statement. THE defendant raised the question of territorial jurisdiction on the ground that the suit property is situated at Santiniketan within the District of Birbhum whereas the suit had been filed for the reliefs already stated at Sealdah Court. THE learned Trial Judge dismissed the application of the defendant for dismissal of the suit. Being aggrieved, he filed a revisional application and that was allowed by the impugned order and the plaintiff was given liberty to present the suit before the proper forum. Being aggrieved, this application has been preferred. Now, the point for consideration is whether the impugned order should be sustained. Upon hearing the learned counsel for the petitioner and on going through the materials on record, I find that though the relief is related to making a construction of a house at Santiniketan within the District of Birbhum, the agreement between the parties was held in Kolkata and it was decided between them by an agreement that in case of dispute between the parties, such dispute should be decided by a Court in Kolkata. Moreover, the defendant is residing at 160, Maniktala Main Road, Calcutta 700 054 within the jurisdiction of Sealdah Court. The plaintiff also resides at Phoolbagan which is also within the jurisdiction of Sealdah Court. The cause of action arose within the jurisdiction of the Court at Sealdah. The relief sought for is in the nature of personal claim against the defendant and he has not wanted to encumber the property constructed in any way which is situated outside the jurisdiction of Sealdah Court, by the reliefs sought for in the plaint. This being the position, in view of the proviso to Order 16, the suit for relief as sought for could well be lodged within the jurisdiction of the Court where the defendant resides, that is, at Sealdah Court or within the jurisdiction of the Court where the property is situate.
(3.) AS per terms of agreement between the parties, the plaintiff has chosen to file the suit in Calcutta. The learned Civil Judge (Senior Division) is empowered to deal with the pecuniary jurisdiction that is unlimited jurisdiction with regard to the claim for compensation. Therefore, the learned Civil Judge (Senior Division) has the jurisdiction to entertain the said suit. So far as the earlier suit filed before the learned Civil Judge (Junior Division) at Sealdah, that suit was dismissed on the ground of lack of jurisdiction and in fact no issue was decided in the earlier suit. So, the subsequent suit, that is, the instant suit is not barred by the principles of res judicata. Accordingly, I am of the view that the impugned order cannot be sustained. It is, therefore, set aside. The suit can well proceed before the learned Civil Judge (Senior Division) at Sealdah. With this observation, this application is allowed. Urgent xerox certified copy of this order, if applied for, be supplied to the learned Advocates for the parties on their usual undertaking.;