Full Order Text
Order 9 · 28 Aug 2025 · CNR DLND030023762023
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: 25 CS SCJ 1289/23 PRINTING MACHINERY ENGINEERS Vs. M/S ROYAL PRESS 28.08.2025 Present: None. The defendant has filed the application under Order 7 Rule 11 CPC. Reply has been filed by the plaintiff and arguments have already been heard. It is the case of the plaintiff that the defendant has purchased spare parts and had also availed the repairs of machinery, from the plaintiff. The plaintiff raised the invoices and the defendant issued a cheque of Rs.1,62,487/-, however, the same was dishonoured on presentation. Plaintiff has sought recovery of Rs.2,36,629/- from the defendant. The defendant has filed the present application under Order 7 Rule 11 CPC on the ground that the same has not been disclosed any cause of action in the plaint and the same is barred by law. The main contention of the defendant in the application is that the present court does not have the territorial jurisidiction to entertain the present suit as the services were provided to the defendant at his office in South-East, Delhi and the cheque was also given from the said office. It is further submitted that the defendant issued debit note to the plaintiff from his office and therefore no part of cause of action arose -- 1 of 2 -- within the territorial jurisdiction of this court. On the other hand, it is submitted by the plaintiff that the spare parts were delivered from the office/workplace of the plaintiff and the invoices were also issued from the office of the plaintiff. It is further submitted that the orders were received from the defendant in the office of the plaintiff, within the territorial jurisdiction of this court. The fact whether the part of cause of action arose within the jurisdiction of this court is a disputed one and cannot be decided at this stage. At the present stage, the court has to consider the averments in the plaint. The question whether territorial jurisdiction is made out is a matter of trial. The application of the defendants stands dismissed. Put up on 24.11.2025. VINOD JOSHI JSCC/ASCJ/GJ/PHC New Delhi/28.08.2025 -- 2 of 2 --