MANIKLAL MITTAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a revision petition filed by plaintiff Maniklal Mitlal against the Union of india for recovery of Rs. 6140. 17 np.

(2.) THE only question which arises for consideration in this revision petition is whether the Court of Civil Judge First Class, Indore, in which the present suit was filed has jurisdiction to try the same. Both the trial Court as well as the first appellate Court came to the conclusion that the said Court had no jurisdiction to try the suit. The present revision petition is directed against that order

(3.) THE claim for recovery of the aforesaid amount arose under the following circumstances:-The defendant, represented by the Western Railway Administration, entered into a contract with the firm now represented by the plaintiff for conveyance of parcels and goods of all kinds initially from Dhamnod to mhow and back and later on from Dhamnod to Indore and back since the said Railway Administration has established an out-agency for the conveyance of parcels and floods of all kinds between these places. The contract provided for payment to the plaintiff for conveying the parcels and goods and for payment in accordance with the bills which the plaintiff was required to submit through the Station Master of Mhow railway Station while Mhow was the Railway Station to and from which the floods had to be carried to and from Dhamnod and later on through station Master Indore when the place was changed from Mhow to indore. It was implicit in the contract that after the bills were submitted through the Station Master, Indore they were to he forwarded to the deputy Chief Accounts Officer Ajmer and the Senior Accounts Officer delhi and thereafter the payments would be made by means of cheques drawn in the name of the Bankers of the Railway viz. the State Bank of india, Mhow or Indore, us the case may be. The plaintiff in Paragraph 19 of the plaint alleged as follows: "that, as in the Dhamnod Out-Agency work, the goods were to be transferred from and to Indore. within the jurisdiction of this Court, therefore, this Court has jurisdiction to try into the matter. "