The present appellant-original plaintiff has filed Special Civil Suit No.34 of 2012 for damages in the Court of Principal Senior Civil Judge, Gandevi. The respondent herein-original defendant submitted an application under Order 7 Rule 10 of Civil Procedure Code in the said suit and after giving opportunity of hearing to both the parties, the learned Civil Judge allowed the application and passed order for presentation of the plaint before the appropriate Court having jurisdiction to try the suit.
Heard learned advocate for the appellant and gone through the impugned order passed by the trial Court.
Section 19 of the Civil Procedure Code reads as under:
"19.
Suits for compensation for wrongs to person or movables- Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in either of the said Courts."
As per this Section, the suit is required to be filed where the boat is damaged or where the defendant resides and carries business.
Considering this legal position, the trial Court has rightly allowed the application and passed order and therefore, I find no reason to interfere with the findings arrived at by the trial Court.
In view of the above, this appeal is dismissed. No order as to costs. It is open for the appellant to present the plaint before the appropriate Court as per the impugned order passed by the trial Court.
( M.D.Shah, J ) srilatha Top