ROHTAS INDUSTRIES LTD Vs. GOKULCHAND JAGANNATH NAHAR

JUDGEMENT

(1.) The petitioner of this application has been refused amendment during the hearing of the suit on a preliminary objection that the Courts at Sasaram have no jurisdiction to try this case, as on the plaint itself they are not vested with the same.

(2.) A suit was filed against the defendant-opposite party for certain amount of money claim. The defendants being a party from Delhi have challenged the jurisdiction of Sasaram Courts as aforesaid.

(3.) The petitioner-plaintiff seeks the following amendment in the plaint:-- "7 (a). That the goods supplied to the defendants and their nominees as mentioned in the statement of account Annexure A of the plaint at the instance of defendants were manufactured at Dalmianagar in the plaintiff's own factory and the same were despatched from Dalmianagar and their prices were payable and paid in part at Dalmianagar, p.S. Dehri and the plaintiff received the same at Dalmianagar and the account thereof was written and maintained in due course of business at Dalmianagar within the jurisdiction of this Court." By this para, the petitioner, wishes to add that the transactions and accounting, delivery and sale, etc. all took place within the jurisdiction of Rohtas District and the suit has been filed in the right Court.