PERMOD KOHLI,J - (1.) THIS regular second appeal is directed against the judgment and order dated 15.12.2006 passed by the learned Additional District Judge, Chandigarh, returning the plaint to the plaintiff for presentation before the Court of competent jurisdiction in terms of Order 7 Rule 10 of the Code of Civil Procedure.
(2.) THE appellant herein filed a suit for declaration against the Punjab State Electricity Board, Patiala. The suit was instituted in the Court of Civil Judge (Junior Division), Chandigarh. The defendant appeared and raised a specific objection regarding the territorial jurisdiction of the trial Court. Consequently, an issue with regard to the question of jurisdiction being issue No. 3 was framed. The learned trial Court, however, decided this issue in favour of the plaintiff-appellant on the ground that the plaintiff's head office is situated at Chandigarh. An appeal came to be preferred by the defendant in the Court of learned Additional District Judge, Chandigarh, who has reversed the findings on issue No. 3, vide the impugned order directing the return of the plaint to the plaintiff for presentation before the Court of competent jurisdiction.
(3.) I have heard the learned counsel for the parties at length and perused the record of the case carefully.;