M.K. GOPALAN Vs. SCIENTIFIC ENTERPRISES

JUDGEMENT

(1.) The Defendant in a Suit for realisation of money is the revision Petitioner. The plaintiff is a firm doing business at Thripunithura. The Defendant is carrying on business on Surgical Goods and Chemicals, and has its office at Madras. On 4-4-1977 the plaintiff placed orders with the defendant for the supply of litmus paper on the basis of a sample supplied by the defendant. The Defendant supplied litmus paper. The plaintiff took delivery of the goods from Thripunithura Railway Station on the assumption that the materials supplied by (the defendant Were of the same quality as that of the sample sent by the defendant. But it was found that the article was of inferior quality. The Plaintiff therefore instituted the suit for payment of Rs. 932/- with interest. The defendant, among other things, contended that the Munsiffs Court, Ernakulam, has no jurisdiction to entertain the suit. Reliance was placed on Ext. B1 dated 28-9-1977. It was pointed out that the said invoice contained an endorsement to the effect that the transaction entered into is subject to the Madras Jurisdiction. The contention put forward is therefore that the suit should have been filed before the Madras Court.

(2.) The Trial Court considered the question as a preliminary issue and over ruled the contention. The revision petition is preferred against the above order.

(3.) The Petitioner reiterated the contention that in view of Ext. B1 the Court at Madras alone has jurisdiction to entertain the Suit. The Plaintiff respondent on the other hand placed reliance on Ext. A1, the purchase order, Ext. A1 contains on the reverse of that document, the conditions of purchase, and condition No. 5 is that disputes, if any, are subject to the jurisdiction of the Ernakulam Court only. It was in view of the above condition that the Trial Court held that had jurisdiction to entertain the Suit.