Case Note & Summary
The appellants, original plaintiffs, filed a suit in the City Civil Court at Bombay seeking a declaration that the respondents had no right, title or interest to dispossess or disturb their possession over the suit premises, along with a permanent injunction. The appellants claimed to be licensees under a leave and licence agreement dated 26th September 2001. The suit was adjourned from time to time due to non-appearance of the respondents. Without any reply filed by the respondents, the learned trial Judge passed an order dated 18th July 2003 directing return of the plaint, holding that the City Civil Court had no inherent jurisdiction to entertain the suit as it related to protection of possession of a licensee under a leave and licence agreement. The appellants challenged this order in appeal. The High Court noted that the impugned order was cryptic and no reasons were assigned for the conclusion that the City Civil Court lacked inherent jurisdiction. The learned counsel for the appellants argued that the City Civil Court has jurisdiction to entertain such a suit. The High Court, after hearing the matter, set aside the impugned order and directed the trial court to proceed with the suit in accordance with law. The appeal was allowed.
Headnote
A) Civil Procedure - Jurisdiction - Inherent Jurisdiction - City Civil Court - Suit by Licensee for Declaration and Injunction - The trial court returned the plaint holding that the City Civil Court had no jurisdiction as the suit pertained to protection of possession of a licensee under a leave and licence agreement. The High Court held that the City Civil Court has inherent jurisdiction to entertain such a suit and the impugned order was cryptic and without reasons. (Paras 2-3) B) Civil Procedure - Return of Plaint - Order 7 Rule 10 CPC - Lack of Reasons - The impugned order directing return of plaint was set aside as it was a cryptic order with no reasons assigned for concluding lack of inherent jurisdiction. (Para 2)
Issue of Consideration
Whether the City Civil Court has inherent jurisdiction to entertain a suit filed by a licensee seeking declaration and injunction for protection of possession under a leave and licence agreement.
Final Decision
Appeal allowed. Impugned order dated 18th July 2003 set aside. Trial court directed to proceed with the suit in accordance with law.
Law Points
- Jurisdiction of City Civil Court
- Leave and Licence Agreement
- Inherent Jurisdiction
- Return of Plaint under Order 7 Rule 10 CPC
- Suit for Declaration and Injunction
