L.N.Mittal, J. - (1.) PLAINTIFFS have filed the instant revision petition under Article 227 of the Constitution of India assailing order dated 6.11.2009, Annexure P/7 passed by learned Civil Judge (Junior Division), Ambala Cantt. Thereby allowing application Annexure P/5 filed by defendants no. 1 to 3 and 1A under Order 7 Rule 10 of the Code of Civil Procedure (in short, CPC) for return of plaint.
(2.) PLAINTIFFS have filed suit for partition of suit properties situated at three places i.e. Baldev Nagar, Ambala City (Haryana), village Jarout, Tehsil Dera Bassi, District Mohali (Punjab) and in Rurki (Uttrakhand) and also for rendition of accounts of Star Pharmaceuticals situated in village Jarout. Various other reliefs have also been claimed. Defendants no. 1 to 3 and 1A in their application Annexure P/5 alleged that the main relief claimed in the suit is regarding property of District Mohali whereas properties of Ambala City and Rurki have been included to only confer jurisdiction on the court at Ambala. It was alleged that properties situated at Ambala are exclusively owned by defendants no. 1 and 2 as admitted by the plaintiffs in the plaint. It was, thus, alleged that civil court at Ambala has no territorial jurisdiction to try the suit.
(3.) THE application was resisted by the plaintiffs. According to the claim of the plaintiffs, property at Ambala City was purchased by plaintiff no. 1 in the name of his sons defendants no. 1 and 2 and property at village Jarout was purchased by plaintiff no. 1 in the name of his son plaintiff no. 2 and defendants no. 1 and 2. It was also alleged that defendant no. 1A who is wife of defendant no. 1 in connivance with him withdrew and utilized the funds of the Pharmaceutical Industry from Mohali and invested the same to purchase two properties in Uttrakhand. It was, thus, alleged that all the properties including the property at Ambala being subject matter of the suit, court at Ambala has territorial jurisdiction to try the suit.;