Final Order 3

Order Details: COPY OF ORDER
Pdf Text: 8 Civ Suit 666/25 OM PRAKASH Vs. MANSI
16.12.2025
Present: Sh. Pushya Mitra, Ld counsel for the plaintiff.
Heard.
Arguments on the maintainability of the present suit on the point
of territorial jurisdiction.
Record perused.
The present case has been filed by the plaintiff against the
proposed defendant on the ground that a loan of Rs 1,22,011/ was given by
the plaintiff to the proposed defendant by way of serveral UPI transfers from
11.02.2024 till 07.03.2024. The plaintiff and the proposed defendant are
husband and wife and the relationship between them is not cordial. The present
suit has been filed for recovery of the aforesaid amount.
From the perusal of the record it is manifest that the proposed
defendant is residing in Karnal, Haryana. Also, nowhere in the plaint the
plaintiff has dedicated a separate paragraph as to when and how the cause of
action arose. The UPI transfers which have been made are through the bank
account of the plaintiff whose branch is situated at JNU, Delhi.
As per Section 20 CPC, the plaintiff was entitled to file the suit
either in court of Karnal, Haryana where the proposed defendant is residing or
at the place where the cause of action, wholly or in part arose. By the holistic
reading of the plaint, nowhere the cause of action seems to arise in the
territorial jurisdiction vested in this court. The place of residence of the
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plaintiff is not a determining factor for territorial jurisdiction.
Accordingly, the plaint is returned to the plaintiff under Order 7
Rule 10 CPC with direction to present the same before the appropriate court of
jurisdiction. Original documents, if any, be returned to the plaintiff after
making necessary endrosement on the plaint, upon verification and
acknowledgment and filing of certified copies of the same on record.
After returning the plaint, file be consigned to the record
room after completion of the formaliites.
(VINIK JAIN)
ACJ-cum-CCJ-cum-ARC (East)
KKD Courts, Delhi/16.12.2025
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