REPUBLIC MEDICO SURGICAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is by the plaintiff - Company and ig directed against the order dated 12th September 1975 passed by the Principal Civil Judge, Bangalore City on Issue No. 1 in O. S. NO. 150 of 1972 on his file. The plaintiff instituted the suit for recovery of balance of the price towards silt equipages supplied to the 2nd defendant in Bhuvaneshwar. The defendant NO. 2 raised the contention that the Court in Bangalore had nc territorial jurisdiction to entertain the suit. That is the subject matter of issue No. 1 which was set down for heading as preliminary issue.

(2.) The learned Civil Judge appreciating the evidence both oral and documentary adduced before him, came to the conclusion that no part of the causie of action took place in Bangalore and as such, the Court in Bangalore has no jurisdiction to entertain the suit and accordingly he orderejd the return of the plaint for presentation before competent Court. Aggrieved by the said order, the plaintiff has come up in appeal before this Court.

(3.) Section 20 C. P. C. no doubt states.