PRATYUSH CHATTERJEE Vs. SUPER AUTO FORGE PVT LTD

JUDGEMENT

(1.) THIS Miscellaneous Appeal under Order 43 Rule 1 (a) of C. P. C. , is directed against the order dated 18-3-99 in Civil Suit No. 5-B/98 by XIth Additional District Judge, Jabalpur allowing the application under Order 7 Rule 11 of C. P. C. and directing that the plaint be returned for presentation to the competent Court at Madras (Tamil Nadu ).

(2.) THE facts leading to the present appeal stated in brief are that the plaintiff-appellant filed a suit for rendition of accounts and recovery of the amount due to him. The plaintiff alleged that initially he was one of the partners in the partnership firm under the name and style of 'premier Agency'. The said firm was created for carrying on the business of Agency and Liaisoning. The firm was dissolved on 23-3-90; and the plaintiff thereafter became the sole proprietor of the said firm 'premier Agency'. It was further alleged that the defendant-respondent No. 1 is a Private Limited Company duly registered under the Companies Act, 1956. The defendant-respondent No. 2 is the Director of the said Company. The plaintiff-appellant entered into an agreement to act as an agent of the defendants and for liaisoning, in relation to various supply contracts to defence installations at Jahalpur and other consumers in and around Jabalpur.

(3.) THE agreement as above between the parties was undisputably entered into, which is captioned as "service Contract". It was stipulated as per Clause 2. 1 of the said agreement that it shall remain in force during the period from 1st May, 1986 to 30th April, 1991. Under Clause 6. 1 of the said agreement it was further specifically stipulated that the contract shall stand automatically terminated at the expiry of the aforesaid period of agreement or at any time earlier by mutual agreement between the parties.