SARUP SINGH Vs. RAM DITTA MAL AND ANR.

JUDGEMENT

(1.) This revision petition has arisen out of a suit for the recovery of Rs. 500 on the basis of a certain agreement alleged to have been entered into by the parties for the supply of a quantity of charcoal by the Defendants, residents of a village called Chaur Mast in the Ambala Tehsil, to the Plaintiff at Hissar.

(2.) The suit was originally instituted at Hissar, but the Defendants raised the plea that the Hissar Court had no jurisdiction to try the suit, and after an inquiry on this point, at which evidence was recorded, the Hissar Court held on the 17th of March, 1956, that it had no territorial jurisdiction and returned the plaint, which was presented in the Court of a Subordinate Judge at Jagadhri on the same day, i.e., the 17th of March. The question of limitation was raised and was decided in the Plaintiff s favour by the trial Court which decreed the suit for Rs. 500.

(3.) In first appeal the learned Senior Subordinate Judge, Ambala, held that the question of limitation was dependent on the finding of fact regarding the execution of the alleged agreement, which was held not to be proved, and the suit was accordingly dismissed.