WALTER DSOUZA Vs. SUDHAKARAN

JUDGEMENT

(1.) The appellant in this R.S.A. is the defendant in O.S.No.262/2012 on the file of the Additional Sub Court, Thalassery (hereinafter referred to as 'the trial court') and the appellant in A.S.No.8/2014 on the file of the Additional District Court-I, Thalassery (hereinafter referred to as 'the first appellate court'). The parties are hereinafter referred to as the plaintiff and defendant according to their status in the trial court unless otherwise stated.

(2.) The suit was filed for realisation of an amount of Rs.2,44,600/- from the defendant in connection with a business dealing with raw cashew nuts. The defendant delivered a written statement contending that no dealing had taken place within the jurisdiction of the trial court and the trial court has no territorial jurisdiction to entertain the suit. The defendant further contended that the quality of nuts received from the plaintiff was substandard. The trial court, on an evaluation of the entire evidence and document held that the trial court had jurisdiction under Section 20(c) of the C.P.C. and further held that the defendant is liable to pay an amount of Rs.2,44,600/- to the plaintiff. Challenging the judgment and decree of the trial court, the defendant filed A.S.No.8/2014 before the Additional District Court-I, Thalassery. The learned District Judge dismissed the appeal, confirming the judgment and decree passed by the trial court.

(3.) Heard the learned counsel for the appellant.