RATANCHAND JAIN Vs. ROHTAS INDUSTRIES LIMITED CALCUTTA

JUDGEMENT

(1.) THE plaintiff-applicant, on 24-3-1964, filed a civil suit against the defendant non-applicant in the Court of the Civil Judge, Class II, Murwara, for the recovery of Rs. 2,036.14 p. due on contracts between the partiesdated 14-1-1961, 1-2-1961 and 13-2-1961. THE suit was contested, inter alia, on the ground that the Court at Murwara had no jurisdiction to try it as the parties had agreed that all disputes arising under the said contracts were to be settled within the jurisdiction of the Courts at Calcutta.

(2.) THE question of jurisdiction of the Murwara Court was tried as a preliminary issue, and the trial Court held that it had no jurisdiction to try the suit. Accordingly it returned the plaint for presentation to the proper Court. On appeal, the said order was affirmed by the Third Additional District Judge, Jabalpur.

(3.) IT is settled law that ouster of jurisdiction of a civil Court is not to be readily inferred; and though it is permissible for the parties to a contract to agree to have all their disputes arising under the contract adjudicated upon by one of the Courts having jurisdiction (where more than one Court is competent to try them), it is a question of fact in each case whether the parties to the contract had so stipulated.