KAMARUDEENKUTTY Vs. ASOKAN

JUDGEMENT

(1.) The challenge in this petition is against the finding of the court below in respect of the jurisdiction.

(2.) The facts in a nutshell is that there was a partnership contract in between the plaintiff and the first defendant in O.S.15/2017. The original suit was filed before the Sub Court, Karunagappally for the recovery of an amount of Rs. 1,21,62,726/- on the ground that the said amount was handed over by the plaintiff to the defendant in pursuance to the above referred partnership contract. The question of jurisdiction was raised before the court below wherein the suit was numbered and it was taken as a preliminary question and the impugned order was passed stating that the court is having the jurisdiction.

(3.) When the petition came up for hearing, the learned counsel appearing for the petitioner submitted before this court that Ext.P2 partnership deed will show that the exclusive jurisdiction is that of court at Emirates of Ajman. Article 13 of the partnership deed states as follows: