NATIONAL AIRPORT AUTHORITY Vs. PARADISE HOTEL AND RESTAURANT

JUDGEMENT

(1.) This is a civil revision under Section 115 read with Section 151 of the Code of Civil Procedure against the order dated 15.7.96 passed by the learned Assistant District Judge, Jorhat in Title Suit No. 42 fo 1994. By the said order, the learned Assistant District Judge, Jorhat, has answered the preliminary issue regarding the jurisdiction of the Court at Jorhat to try the suit against the petitioners.

(2.) Mr K.N.Choudhury, learned counsel appearing for the petitioner states that the aforesaid suit was filed by the opposite party against the petitioners claiming certain reliefs with regard to running of a Restaurant at Guwahati Air Port and it is well settled by the Courts that a suit for specific performance of contract can be instituted only in a court in whose territorial jurisdiction either the contract is made or a contract is to be performed. Mr Choudhury submitted that a written statement had been filed in the aforesaid suit by the petitioners as defendants taking a plea that the Court at Jorhat did not have any territorial jurisdiction to try the suit as in the present case, the contract in question had been entered into at Guwahati and was to be performed at Guwahati.

(3.) Mr. P. Barthakur, learned counsel for the opposite party, on the other hand, referred to the averments in the plaint and in particular para-1 of the plaint filed in the said suit in which it was stated that the cause of action for the suit arose at Jorhat within the jurisdiction of the Court at Jorhat on and from 14.6.93 when the learned Additional District Judge Jorhat passed the decree in terms of the Award in Arbitration Misc. Case No. 6/92. He further contended that it is for this reason that the learned trial court in the impugned order held that the Court at Jorhat had jurisdiction to try the suit.