JIWAN BAL Vs. KURUKSHETRA UNIVERSITY

JUDGEMENT

(1.) This appeal is directed against the order of Hardy, J. passed on the original side by which he directed the return of the plaint in the suit filed by the appellant for presentation to a proper court on the ground that the Delhi High Court had no territorial jurisdiction to try the. suit.

(2.) Briefly stated, the facts of the case are that the appellant filed a suit for the recovery of Rs. 25,304.24 against the respondent which has its seat in Kurukshetra within the State of Haryana. This claim is for realisation of sales tax on the price of bricks which the appellant supplied to the respondent under a contract dated 30th April, 1960. The finding of the learned Single Judge is that the contract dated 30-4-1960 was executed by the parties, namely, the appellant and the respondent, at Delhi where also the appellant had deposited the security for that due fulfilment of the contract. The further finding is that the claim for sales tax is not a claim for payment of money covered by any terms of the contract dated 30-4-1960 and even if this contract was executed at Delhi the Courts at Delhi would not have jurisdiction to entertain the suit as the claim for money fell outside the ambit of the contract between the parties.

(3.) Mr. Vijay Kishan, the learned counsel for the appellant has urged that he claims jurisdiction in Delhi Court on three grounds, namely, that the claims jurisdiction in Delhi, the security for the due fulfilment of that contract was deposited at Delhi and that the certificates of payment without which he could not receive any money due under the contract were issued to him by the architects of the respondent at Delhi. He urged that for the bills for sales tax the certificates had been issued by the architects at Delhi and so, the Courts of the Union Territory would have jurisdiction to entertain the suit.