INDER DHIR SINGH Vs. MOHAN MEAKIN BREWERIES LTD.

JUDGEMENT

(1.) THIS revision petition under Section 115 of the Code of Civil Procedure is directed against the order, dated October 16, 1976, whereby the Senior Sub -Judge, solan, dismissed the application of the Defendant in which he had taken up the objection that the Court had no jurisdiction to try the suit, filed by M/s Mohan Meakin Breweries Ltd. against him for the recovery of Rs. 8,547.59 P. on account of the price of goods purchased and interest thereon.

(2.) THE point of jurisdiction was raised on the ground that no cause of action either wholly or in part had arisen within the jurisdiction of the Court at Solan. The Plaintiff has got its depot at Patiala and it was from this depot at Patiala that the Defendant made the purchases, the delivery of the goods to the Defendant was made at Patiala and the Defendant also actually resides and carries on business at Patiala. This application was opposed on the ground that the Defendant had not filed the written statement taking all the pleas which he wanted to take and that there is no provision in the Code of Civil Procedure or under the law to file piece -meal written statement. However, this objection was waived by the Counsel for the Plaintiff and the Court struck the following issues:

(3.) BEFORE I notice the authorities cited by the learned Counsel for the Petitioner to show that the agreement has got no binding force, it would be appropriate to give the conditions as incorporated in the invoice which is filed with the plaint: