Jurisdiction issue

BALAJI (Querist) 12 July 2011 This query is : Resolved
Dear Sir/Madam,

Our company has purchased a property in Anekal Taluk, Bangalore District. Now i have received a summon from one Jayalakshmi seeking 1/4th share in the property. My question is that a Sub-Judge court in Hosur Tamilandu has issued a summon to appear. How is this possible.
1. The property is situated in karnataka
2. The party to the proceeding resides in karnataka and their address for service is in karnataka.
3. The cause of Action arose in karnataka.
4. There is no other property for the plaintiffs or the respondents any where in tamilnadu or Hosur.

At this juncture how can a court in hosur issue summon to appear. Please enlighten me

Regards
Balaji

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Advocate Rajkumarlaxman (Expert) 12 July 2011
They have no jusridiction. but if she is staying in Hosur, what allegations exactly are there in case. you have to see that. it might be that the matter u r telling and summons issued may be diff. just check clearly I also want to know for what reason is it placed in that jurisdiction.

BALAJI (Querist) 12 July 2011
no sir that female is seeking 1/4th share. and she also doesnt have any address in hosur. i really dont know how this suit was numbered in hosur sub-judge court

prabhakar singh (Expert) 12 July 2011
READ THE PLAINT ALLEGATIONS TO DECIDE HOW PLAINT HAS PROCEEDED TO CONFER THE JURISDICTION,AND IF IN YOUR VIEW THERE IS JURISDICTIONAL ERROR OBJECT TO IT.

Devajyoti Barman (Expert) 12 July 2011
Yes though prima facie the case lacks jurisdiction but without seeing plaint averments it is difficult to comment.

File petition for rejection of plaint.