D MUNIRANGAPPA Vs. AMIDAYALA VENKATAPPA

JUDGEMENT

(1.) The Petitioner as plaintiff instituted O.S. No. 814 of 1961 in the Court of the Principal Munsiff at Tumkur against the defendants, who are respondents in this Petition, to recover a sum of Rs. 2,300/- due by them. The defendants contested the plaintiff's claim and one of the contentions raised by them was that the Court at Tumkur had no jurisdiction to entertain the suit.

(2.) Necessary issues were framed; and one of the issues which related to the jurisdiction of the Court at Tumkur to entertain the suit was tried as a preliminary issue.

(3.) The plaintiff who is a Contractor was supplying goods to the Defendants who are the proprietors of a Dramatic Company. The amount claimed in the suit relates to the period between 28-1-1959 and 5-2-1959. The account kept by the Plaintiff was a running account and he was spending the amount whenever necessary for the Defendants. The account patti shows that a part of the claim arose within the jurisdiction of the Court at Tumkur. Both the Courts below took the view of that a part of the cause of action which arose at Tumkur, compared with the large amount claimed by the plaintiff, was negligible as it did not exceed even one per cent and therefore held that the Court at Tumkur had no jurisdiction to entertain the suit. It is the correctness of this Order that is being challenged by the Plaintiff in this revision petition.