KAKKAR STEEL FORGINGS Vs. MESSRS BAWA INDUSTRIES LIMITED

JUDGEMENT

(1.) THIS revision-petition is directed against the order dated 19.03.2004, rendered by the Court of Civil Judge (Junior Division), Phagwara, vide which it decided issue No. 2 that the Civil Court at Phagwara, had jurisdiction to try and entertain the matter, in dispute, as the agreement between the parties could not exclude the territorial jurisdiction of that Court.

(2.) IN a suit, filed for recovery, at Phagwara, an objection was taken by the defendants, in the written statement that only the Civil Courts at Ropar had jurisdiction to entertain and try the suit as the parties, by way of an agreement, excluded the jurisdiction of Phagwara Courts and conferred the same on Civil Courts at Ropar. It was further stated that defendant Nos. 1 and 2 were working for gain at Mohali and defendant No. 1 was resident of Chandigarh. It was further stated that no cause of action accrued at Phagwara.

(3.) THE trial Court, after hearing the Counsel for the parties, and, on going through, the record of the case, vide order dated 19.03.04 came to the conclusion, that since the cause of action accrued at Phagwara, the Civil Court at Phagwara had jurisdiction to entertain and try the suit and the parties, by way of an agreement, could not exclude the jurisdiction of a Civil Court at Phagwara and confer the same on a Court at Ropar.