SHYAM KESHAVRAO RAKHONDE Vs. PANJAJKUMAR NIRAJKUMAR

JUDGEMENT

(1.) THIS appeal challenges the judgment and order dated 22nd August, 2008, passed by the learned District Judge-1, Khamgaon, allowing the Regular Civil Appeal No.86/2000, filed by the defendant, by setting aside the judgment and decree passed by the trial Court in Special Civil Suit No.5/1995, and sending the matter back to the trial Court for doing the needful to return the plaint to the respondent/plaintiff.

(2.) SUCH of the facts as are necessary to decide the controversy involved in the present appeal are stated below:-

(3.) SHRI Khadse, learned counsel appearing for the appellant has urged that the goods were supplied to the defendant/respondent at Nandura and the demand drafts were also delivered by the defendant at Nandura and hence, the Court at Khamgaon has territorial jurisdiction to entertain, try and decide the suit. He relied upon the findings recorded by the trial Court. The trial Court has held that in view of the provisions of Section 20(c) of the C.P.C., part of cause of action arose at Nandura as the part payment was received at Nandura and hence the Court at Khamgaon has territorial jurisdiction to decide the suit. The learned counsel further relied upon the provisions of Section 19 of the Sales of Goods Act to urge that the property is transferred to the buyer at such time as the party to the contract intends it to be transferred. He submits that the parties intended to transfer the property in question at Nandura and therefore, the Court at Khamgaon has jurisdiction. He further relied upon the provisions of Section 35 of the Sales of Goods Act to urge that there was no expressed contract about the delivery of the goods and the buyer/defendant has paid the freight in respect of the goods which were loaded at Nandura for delivery at Nagpur. According to him, the evidence on record shows that the goods were dispatched from Nandura with the transporter and that has given him the cause of action for filing the suit at Khamgaon.