C M MUHAMMED ISMAIL Vs. MALABAR ENGINEERING CO

JUDGEMENT

(1.) This appeal is filed by the plaintiff in O.S. No. 75 of 1996 on the file of the Subordinate Judge's Court, Manjeri, against the preliminary finding that that Court has no jurisdiction to try and dispose of the suit.

(2.) The suit is for damages. It is not in dispute that but for the special clause in the agreement (the scope of which is under consideration in this appeal) between the parties both the Manjeri and Calicut Sub Courts have jurisdiction to try the suit. The dispute arose out of the alleged violation of an agreement for the supply of machinery, erection and commissioning of an ice plant. Clause 17 of the agreement also provided as follows.

(3.) The question to be considered is whether by this clause the jurisdiction of the Manjeri Subordinate Judge's Court which otherwise has got jurisdiction can be excluded.