Ground for dismissal of suit

by reading as if the suit will not be dismissed.  No such petition is maintainable,  the defendant has to file the written statement and contest the case in merits only.  premature dimissal not possible,  But before filing the suit make it sure that you have got a prima facie case in your favour. 

The defendant can always file a petition under Order - 7 Rule - 11 CPC for rejection of plaint and such a petition is maintainableeven after filing of Written Statement. One of the grounds for rejection of plaint nder that provision is ABSENCE OF CAUSE OF ACTION or NO CAUSE OF ACTION.....
In the instant suit it appears that You dont have any cause of action, bcause u dont have any title over the property in question. However, if your claim is based on tortious claims viz easmentary Right or Nuisance, then obviously you have got a cause of action. so first check it out whether you have got a cause of action or not?

keeping in view the facts stated by you, it will be better to contest the matter on merits.

Stray issues are not decided by the court. Please go through Order 14 Rue 2 CPC first. Secondly you have to raise all defences in your written statement including the defence of maintainability of the suit. Thereafter the case will be taken for evidence and due course the case wil be decided. 

Please give me reply on the following

Xyz Pvt Ltd company of Ghaziabad UP supllied the item to ABC Pvt Litd Company of Delhi under interstate transaction agst. FORM C of CST Act. Xyz Pvt Ltd company of Ghaziabad UP  was assessed by the Tax authority of Ghaziabad and impose differential Tax in absence of Form C Now Xyz Pvt Ltd company of Ghaziabad UP filed a CIVIL SUIT in Ghaziabad Court but in reply submitted by ABC Pvt Litd Company of Delhi for rejection or dismissal of Civil Suit filed by plantiff on the ground this matter pertain to Delhi Jurisdiction.

PLEASE ADVICE WHETHER Ghazibad Court may reject or dismissed the filed suit

Any contract/Agreement was executed between the parites which states that Ghaziabad has the Jurisdcition?

Or

Did the Company from Ghaziabad  who had supplied the material to the company at Delhi had mentioned any place of jurisdiction in it's Tax Invoice?

Was the material actually dispacthed from Ghaziabad or just order was taken from there?

If any cause of Action arosed from Ghaziabad, then Ghaziabad Court has a jurisdiction otherwise not.

Regards

Adv. Rohit M. Dalmia

9324538481