GIRISONS DISTRIBUTORS Vs. PAREKH BROTHERS

JUDGEMENT

(1.) The petitioner are original defendants 1 to 4 in Special Civil Suit No. 56 of 1979 filed by the plaintiffs who are respondents 1 to 3 herein, in the Court or Civil Judge, (Senior Division) at Nasik. The petitioners have filed the present petition challenging the order of the learned Civil Judge, (Senior Division) under which he has come to the conclusion that this Court had jurisdiction to entertain the suit.

(2.) The plaintiffs were appointed by defendants Nos. 1 to 4 as their exclusive stockists for retail sale of certain goods supplied by defendants Nos. 1 to 4 to the plaintiffs. The defendants Nos. 1 to 4 carry on business at Pune and they supplied the goods to the plaintiffs from Pune. Under the agreement the plaintiffs stocked these goods and sold them in their shop at Nasik. The suit has been filed by the plaintiffs for a declaration that the termination of their agreement by the defendants 1 to 4 is illegal and not binding on the plaintiffs, for a declaration that defendant No. 1 was not entitled to charge certain amounts as octroi at Pune, and for accounts and other reliefs. In the plaint the plaintiffs have alleged that the agreement between the plaintiffs and the defendants Nos. 1 to 4 was arrived at in Nasik. They have submitted that a part of the cause of action has arisen at Nasik, and therefore, the Court of the Civil Judge (Session Division), Nasik has jurisdiction to entertain the suit.

(3.) The defendants challenged the jurisdiction of the Court at Nasik on the ground that the agreement between the parties had been arrived at in Pune and not at Nasik. According to the, no part of the cause of action arose in Nasik. They also relied upon a condition printed on the reverse of their invoice Exhibit 89 to the following effect :