- (1.) Instant petition is directed against order dated 21.2.2015 passed by Sr. Civil Judge No.1, Behror, District Alwar (Raj.) in Civil Suit No.79/2015 whereby the application filed by the defendant petitioner u/O 7 R.11 CPC for rejection of plaint on the ground being barred by law and not having territorial jurisdiction, has been dismissed.
(2.) The brief facts noticed are that the petitioner is an Oil Company and the respondent is a Dealer of petitioner having a retail outlet at Behror. A memo of agreement has been entered into by and between the parties. It is claimed that the respondent is running Petrol Pump since last more than 30 years and such agreement is renewed from time to time. The latest memo of agreement which is the bone of contention between the parties, was entered into by and between the parties on 5.7.2013 for a period of 5 years.
(3.) Finding some irregularities/short supply of the Petrol Pump by the Officers of the petitioner, show cause notice was issued and apprehending that some adverse action may be taken by the petitioner, the respondent filed a Civil Suit in the Court of Civil Judge (Jr. Div.), Behror on 28.1.2015 and also filed application for temporary injunction. The prayer of the respondent in the Civil Suit reads ad infra :- 1642019-2;