SURAJMALL SHIWBHAGAWAN Vs. KALINGA IRON WORKS

JUDGEMENT

(1.) The defendant has preferred this revision against the order passed by the Subordinate Judge, Keonjhar on 21-1-78 in Money Suit No. 1 of 1975.

(2.) The plaintiff is a unit of the Industrial Development Corporation of Orissa, Ltd. The defendant-firm carries on business in Calcutta. The plaintiff's suit, in short, is for realisation of certain amount of money claimed on the basis of the balance dues on the defendant on account of supply of goods by the plaintiff to the defendant and on account of loss sustained by the plaintiff due to payment of demurrage and other amounts due to the default of the defendants as specified in the plaint. The defendant while denying the plaintiff's claim has alleged that the court at Keonjhar has no territorial jurisdiction to try this suit as no part of the cause of action arose within the jurisdiction of this Court and the plaintiff had entered into an agreement with the defendant to the effect that ell disputes between the parties arising out of the said contract would be settled in Calcutta or by the courts in Calcutta.

(3.) After the filing of the written statement and framing of the issues in the suit, on the petition of the defendant, the court below took up for decision the issue No. 2 namely: "Has this Court jurisdiction to try the suit?" and by the impugned order it has arrived at the finding that the court at Keonjhar has jurisdiction to entertain and try this suit. The defendant has preferred this Civil Revision against the said order.