BARSON CONSTRUCTION Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R.J. Das, learned counsel appearing for the appellant as well as Mr. B.K. Das, learned counsel representing the respondents.

(2.) This is an appeal under Order 43 Rule 1(a) of the Code of Civil Procedure, 1908 against the judgment and order dtd. 2/5/2017 passed by the learned Civil Judge No. 2, Kamrup (M), Guwahati in Title Suit No. 122 of 2014 returning the plaint filed by the appellant to be presented in the appropriate court having territorial jurisdiction.

(3.) The facts necessary for disposal of this appeal are:- The Oil and Natural Gas Corporation Limited (ONGCL) had a Memorandum of Understanding with the State of Assam for construction of a road in the district of Sivasagar. On acceptance of a tender, the appellant was given the work of construction of the said road. Thereafter, some disputes arose between the parties and, therefore, the appellant filed the suit being Title Suit No. 122/2014 in the Court of the Civil Judge No. 1, Kamrup (M) at Guwahati, Assam seeking a decree declaring that the State of Assam and ONGCL shall be jointly liable to pay certain amount of money to the appellant.