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Harshad Chiman Lal Modi vs Dlf Universal & Anr on 26 September, 2005 cites

The New Mofussil Co. Ltd. vs Shankerlal Narayandas Mundade on 3 September, 1940

"The learned Judges of the Court of Appeal thought that the matter was met by Section 21 of the Code, which provides that no objection as to the place of suing shall be allowed by any appellate court unless the objection was taken in the court of First Instance, which in this case had admittedly not been done. Their Lordships cannot agree with this view. This is not an objection as to the place of suing; it is an objection going to the nullity of the order on the ground of want of jurisdiction." (emphasis supplied) In New Mofussil Co. Ltd. & Another v. Shankerlal Narayandas Mundade, AIR 1941 Bom 247 : ILR 1941 Bom 361, almost a similar question came up for consideration before the High Court of Bombay. In that case, a suit for specific performance of contract and possession of immovable property situated at Dhulia was filed in the Court of First Class Subordinate Judge, Dhulia against defendant No. 1  Company in liquidation. The registered office of the Company was in Bombay and the agreement was finally concluded in Bombay. It was, therefore, contended that Dhulia Court had no jurisdiction to try the suit. It was, however, held by the High Court that the case was covered by Clause (d) of Section 16 of the Code, the Proviso had no application and since the property was situated at Dhulia, Subordinate Judge, Dhulia had jurisdiction to entertain and try the suit.
Bombay High Court Cites 12 - Cited by 14 - Full Document
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