RAJESH KUMAR SINGH Vs. PRAMOD SINGH

JUDGEMENT

(1.) The petitioner is aggrieved by an order dated 24.5.2013 passed by learned Sub-Judge-I, Bhabhua, in Money Suit No. 7/2011 whereby the Court below has rejected an application filed by the petitioner under Sections 16 and 20 of the Code of Civil Procedure, questioning the maintainability of the Money Suit for want of territorial jurisdiction. From the impugned order, it appears that the Court below rejected the said application on the ground that in the facts and circumstances of the case, cause of action for bringing the suit had arisen at Bagchhara under Police Station-Chand in the District of Kaimur in Bihar as well as at Chandauli in Uttar Pradesh.

(2.) This is not in dispute that the Respondent got the said Money Suit No. 7/2011 instituted seeking a relief for payment of a sum of Rs. 5,63,750/- alongwith interest at the rate of 12% per annum against sale of paddy crop. It has been stated in the present application that the Respondent's case in the plaint was that the petitioner/defendant, before the Court below, came to the place of Respondent (Bagchhara) under Bhabhua in Bihar and he purchased paddy crop worth Rs. 8,01,250/-, against which a sum of Rs. 2,37,500/- was paid as part payment and rest amount was promised to be paid in future.

(3.) On 12.4.2012, the petitioner issued a cheque of Union Bank of India, Branch Chakia under District-Chandauli (U.P.) worth Rs. 5,00,000/- in favour of the Respondent, but the same was not honoured on being deposited in the Kashi Gomati Sanyukta Gramin Bank, Illiya, Branch-Chandauli (U.P.).