JAYANT JHA Vs. SOUTH EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) This Miscellaneous Appeal has been preferred by the Plaintiff under Order 43 Rule 1(a) of the Code of Civil Procedure, 1908 (for short 'the CPC') questioning the legality and propriety of the order dtd. 23/12/2016 passed in Civil Suit No.16-B/2011 whereby, the trial court has directed for return of the Plaint holding it to be barred by territorial jurisdiction under Sec. 20 of CPC. The parties to this Appeal shall be referred hereinafter as per their description before the Court below.

(2.) Briefly stated, the facts of the case are that the Plaintiff, who is the Proprietor of Ritika Enterprises, instituted a suit claiming recovery of Rs.7,47,499.00 by submitting interi alia that he supplied spare parts of the machine described in Plaint schedule-'A' to the Defendants i.e. Somna Colliery, Bijuri, District Anuppur (M.P.). According to the Plaintiff, the Defendants have failed to make their payment despite the delivery of the alleged materials, which led to the issuance of the Demand Notice dtd. 16/9/2009. However, in spite of that, the same was not paid, therefore, he has been constrained to institute the suit in the instant nature instituted on 25/9/2010.

(3.) While contesting the claim, an objection was raised by the Defendants regarding territorial jurisdiction of the Court by submitting inter alia that the Plaintiff's office is at Bijuri and the disputed materials alleged to have been delivered was at Somna Colliery, Bijuri, District Anuppur (M.P.), which is beyond its jurisdiction, therefore the suit as framed and instituted, is barred by jurisdiction.