ASSOCIATED CEMENT COMPANIES LIMITED Vs. COMMERCIAL GASES

JUDGEMENT

(1.) Whether parties to an agreement can vest jurisdiction in one court where cause of action or part thereof has arisen within the territorial jurisdiction of more than one court, is the precise question that calls for determination in the present revision.

(2.) M/s. Commercial Gases, Ropar filed a suit for mandatory injunction for a direction to M/s. Associated Cement Company Limited (defendant in the suit) to return 76 empty cylinders of Oxygen and Nitrogen gases and 63 empty cylinders of D.A. (Dissolved Actylene) gases. The suit was contested by the defendant, who took a preliminary objection with regard to the territorial jurisdiction of the learned Civil Judge (Junior Division), Rupnagar for entertaining and deciding the suit. It was contended that the parties had conferred the jurisdiction upon the civil courts at Bilaspur only and in any case, no cause of action had arisen within the territorial jurisdiction of the courts at Rupnagar. The plaintiff in the suit (respondent herein), however, contended that the court at Rupnagar has jurisdiction, as the contract itself was entered into at Rupnagar and the objection taken by the defendants in the suit was frivolous.

(3.) However, learned trial court, vide its order dated 1.3.1997, framed the following preliminary issues during the pendency of the suit:-