Saturday, May 29, 2010

Code of Civil Procedure Order 7 Rule 11

"It has been held by the court in a number of cases that at the initial stage of the suit, only the allegations made in the plaint are to be looked into while determining whether the Court has jurisdiction to try the suit or not. In M/s. International Film Distributors v. Sh. Rishi Raj, MIPR 2009 (2) 108 : 2009 (39) PTC 173 (Del.), a Division Bench of this court held as under:
"24. In LG Corporation & Anr. v. Intermarket Electroplasters(P) Ltd. and Anr.; 2006 (32) PTC 429 [Del.], following observations were made in para 7:-
"7.......The question as to whether the Court has territorial jurisdiction to entertain a suit or not has to be arrived at on the basis of averments made in the plaint, that truth or otherwise thereof being immaterial as it cannot be gone into at this stage....."
Looking at the averments made in the plaint by the plaintiff, I am of the considered opinion that this court has jurisdiction to try the suit. As a result, the defendant's application under Order VII Rule 11 CPC is hereby dismissed."
IA. No. 2423/08 under Order XXV Rule 1 of the defendant dismissed with Rs 5000/- as costs.

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