UNIQUE PRECISION WORKERS Vs. LAXMIDAS HARJIBHAI LADANI

JUDGEMENT

(1.) Rule. Learned advocate Mr.Kirtidev Dave waives service of notice of rule for the respondent no.1.

(2.) The sole issue raised in the present revision application is with regard to jurisdiction of the civil suit filed by the plaintiff before the Court of Senior Civil Judge, Keshod.

(3.) Learned advocate Mr.Kakkad appearing for the applicant-original defendant has submitted that the applicant-original defendant had filed an application below Ehx.8 under Order VII Rule 11 of the Civil Procedure Code, 1908 (for short "the CPC") seeking rejection of the plaint being barred on the ground of jurisdiction. He has submitted that the suit is barred in view of the provisions of Sec. 20 of the CPC, more particularly Clause (a) and (b). It is submitted that in the reply to the show cause notice issued by the plaintiff, the defendant on 15/11/2018 had clarified that the plaintiff was in fact a partner of the concerned business, as referred in paragraph no.9 i.e. the reply dtd. 15/11/2018 and hence, the suit would not be maintainable at Keshod and the appropriate court would be the court having jurisdiction at Rajkot since it was a partnership firm in which the plaintiff was also a partner. Thus, he has submitted that the plaint should have been returned by the court below and the application filed by the defendant under the provisions of Order VII Rule 11 of the CPC should have been allowed.