RAMOTHER AND CO Vs. RAMESHCHANDRA SURESCHANDRA AND CO

JUDGEMENT

(1.) THE plaintiff in O.S.No.610 of 1978 on the file of the Sub Court, Salem is petitioner in this civil revision petition. THE defendant in the said suit is the respondent in civil revision petition. For the sake of convenience the parties are referred to in this order per the nomenclature given to them in the suit.

(2.) THE plaintiff filed the suit O.S.No.610 of 1978 on the file of the Sub Court, Salem against the defendant for recovery of a sum of Rs.8040 as damages for the breach of contract case of the plaintiff is as follows: THE plaintiff-firm is doing business in sago, starch and allied products at Salem defendant is a proprietary concern doing business in sizing and chemicals at Sivaganj, Indore. On or about 20.2.1978 M/s.Dalal Jayanthilal Gopalji and Company, Bombay offered to purchase on behalf of the defendant six wagon loads of Bombay quality tapioca starch Rs.59 per 50 Kg. of F.O.R. at Angadipuram or Palghat. THE plaintiff received a letter on about 24.2.1978 sent by the said M/s.Dalal Jayanthilal Gopalji and Company, Bombay, dated 21.2.1978, stating that he had sold on behalf of the plaintiff six wagon loads of starch snow white full paste. THE plaintiff wrote a letter to M/ s.Dalal Jayanthilal Gopalji Company, Bombay, that he never offered to supply goods of the variety mentioned letter dated 21.2.1978 but he offered only to supply Bombay quality tapioca starch at per 50 Kg. After receiving the letter M/s.Dalal Jayanthilal Gopalji and Company, Bombay called the plaintiff over the phone and requested him to send six wagon loads of Bombay quality tapioca starch to the defendant to Indore. THE plaintiff accepted the offer of M/s.Dalal Jayanthilal Gopalji and Company, Bombay on behalf of the defendant and agreed to Bombay quality stretch to the defendant at Rs.59 per 50 kg. On the plaintiff accepting at Salem the offer of M/s.Dalal Jayanthilal Gopalji and Company, Bombay on behalf of the defendant for the supply of goods to the defendant the contract was completed at Salem on 27.2.1978 the plaintiff caused between 11.3.1978 to 13.3.78 four wagon loads of Bombay quality tapioca starch to be despatched from Palghat to Indore and he caused the invoice for 111 bags of loads to be sent by the Chemical Starch Factory and for 220 bags by P.V.Brothers Starch Industrials and for two more wagons by Leenith Starch Factory. THE defendant, after waiting for several days sent a telegram on 1.4.1978stating that the wagons had been unloaded and the quality of goods despatched were inferior in quality than the one contracted for. THE plaintiff sent his representative Chainraj to Indore to look into the matter and on 6.4.1978 the said Chainraj inspected the goods at Indore, found the allegations of the defendant that the goods are of inferior quality are false and thereafter he sold the goods at the risk of the defendant and realised a sum of Rs.64,125 and the plaintiff on account of the breach of contract committed by the defendant suffered a loss of Rs.8040 which he claimed as damages in the suit.

(3.) THE trial court framed the following issue on the question of jurisdiction: "Whether the Court has no jurisdiction to entertain the suit for the reasons set forth in the written statement of the defendant"" THE trial court tried the above issue with regard to the jurisdiction as preliminary issue and found that the Sub Court, Salem has no jurisdiction to entertain the suit as no part of cause of action for the suit arose within the jurisdiction of the Sub Court, Salem. Consequently the trial court returned the plaint to the plaintiff for representing the same to the proper court. THE plaintiff filed an appeal C.M.A.No.105 of 1983 before the District Court, Salem. THE appellate Court confirmed the finding of the trial court that no part of cause of action arose at Salem and dismissed the appeal. Aggrieved by the judgment of the lower appellate court the plaintiff has filed the present civil revision petition.