CHEEMA ENTERPRISES Vs. MAYUR ENTERPRISES

JUDGEMENT

(1.) This revision application has been filed against an order dated 3-1-97 passed by the Civil Judge (Senior Division), Nagaon Assam in Money Suit No. 33/94.

(2.) A suit was filed for realisation of Rupees 6,73,251/- against the defendant along with other reliefs. It may be stated herein that necessity to file the suit arose because of the supply of a machine to the plaintiff by the defendant and that order of acceptance was signed at Guwahati. It was signed on behalf of the defendant by its authorised signatory and on behalf of the plaintiffit was signed by somebody else stating that the order is confirmed. There is a printed clause at the back of this form and Clause 11 states inter alia as follows :"All disputes are subject to Kashipur Jurisdiction."

(3.) It was on the basis of this clause that the defendant when got the summons of the suit and filed an objection stating therein that the Court at Nagaon has no territorial jurisdiction to try the suit. This contention of the defendant was rejected by the impugned order. It was found by the trial Court that on the back side of this form though there are as many as 11 terms and conditions, they were simply printed and there was no signature of either of the party indicating acceptance of the clause. It was also found by the trial Court that in the back page there is no provision for signature of the parties. The trial Court placed reliance in a judgment reported in AIR 1988 Ker 36, United India Ins. Co. Ltd. v. Associated Transport Corpn. Pvt. Ltd. and another and paragraph 5 of that judgment has been quoted. For better appreciation of the contention, that paragraph which finds place in the judgment of the trial Court is quoted below at page 38 :