1.0 Present Civil Revision Application under Section 115 of the Code of Civil Procedure has been preferred by the petitioners herein original defendants to quash and set aside the impugned order passed by the learned Civil Judge (J.D.), Mundra, Kutch dated 24.9.2004, by which the learned trial Court has dismissed the said application submitted by the petitioneroriginal defendant to reject the application under Order 7 Rule 11 of the Code of Civil Procedure.
2.0 Having heard the learned advocates for the respective parties and considering the impugned order passed by the learned trial Court, it appears that the original plaintiff instituted suit for declaration and permanent injunction in the Court of learned Civil Judge (J.D.), Mundra, Kutch for declaration to the effect that negative covenants in the service contract / appointment letter issued by the defendant no.1 to the plaintiff is null and void. That the plaintiff also prayed for permanent injunction to restrain the defendants from harassing the plaintiff in any manner whatsoever. Having served with the summons of the suit, the defendants appeared before the learned trial Court and submitted the application Exh.16 under Order 7 Rule 11 of the Code of Civil Procedure r/w Section 151 of the Code of Civil Procedure to reject the application merely on the ground that the Court at Mundra has no territorial jurisdiction. However, considering the fact that plaintiff was serving within the local territorial jurisdiction at Mundra and the effect of the negative covenant was being suffered by the plaintiff within the territorial jurisdiction of the Mundra Court, learned trial Court was prima facie of the opinion that on the face of it, it cannot be said that the Court at Mundra has territorial jurisdiction and consequently dismissed the application Exh.16.
3.0 Considering the aforesaid facts and circumstances of the case and impugned order passed by the learned trial Court passed below Exh.16, it cannot be said that the learned trial Court has committed any error and / or illegality in rejecting the application Exh.16 under Order 7 Rule 11 of the Code of Civil Procedure which calls for the interference of this Court under Section 115 of the Code of Civil Procedure. Considering the impugned order, it appears that the learned trial Court is justified in not rejecting the plaint under Order 7 Rule 11 of the Code of Civil Procedure on the ground stated in the application at Exh.16.
4.0 In view of the above and for the reasons stated above, Civil Revision Application fails and same deserves to be dismissed and is accordingly dismissed. Rule is discharged. Adinterim relief, if any, stands vacated forthwith.
“kaushik”
sd/ ( M. R. Shah, J. )