JAGANNATH Vs. NANAKLAL

JUDGEMENT

(1.) THIS is a revision petition under section 115 of the Code of civil Procedure.

(2.) THE plaintiff non-applicant carries on business at Raipur in his own name and deals in jaggery and other articles of grocery. The defendants carry on business in the name and style of "jagannath Sujajkaran Rathi" at Vikarabad in the State of Andhra Pradesh. On 5-5-1964, there was an agreement between the parties for sale of one wagon (200 quintals) of jaggery No. 1 and 2 quality at the rate of Rs. 75. 50 per quintal, inclusive of taxes. The sale agreed upon was bilticut. The case of the plaintiff is that the defendants unlawfully repudiated the contract, as the price of jaggery had, in the meantime, gone up and communicated the cancellation of the contract to him by a telegram dated 23-5-1964, vide Exh. P-2. The plaintiff, therefore, instituted a suit against the petitioners (hereinafter referred to as the applicants) claiming damages for breach of the contract. The suit was resisted by the defendants-applicants, inter alia, on the ground that the. Raipur Court has no jurisdiction to try the suit. The question of jurisdiction was tried as a preliminary issue and the trial Court held that the Raipur Court has jurisdiction to try the suit. Being aggrieved by this finding, the applicants have filed this revision petition.

(3.) ACCORDING to the applicants, the Raipur Court has no jurisdiction for two reasons. In the first place, there was an express agreement to the effect that Vikarabad Court alone will have jurisdiction to try the suit. Secondly, no part of the cause of action arose within the jurisdiction of the Raipur Court. On both these points, the trial Court held against the applicant and it has to be seen if there is any scope for interference in revision with the finding of the trial Court.