ANANDA BAZAR PATRIKA LTD Vs. BISWANATH PRASAD

JUDGEMENT

(1.) The short question for consideration in this case is whether the suit filed by the plaintiff-opposite party against defendant-petitioners at Patna shall be governed by S. 16(d) or S. 20(c) Civil P. C.

(2.) The plaintiff-opposite party has filed a suit alleging, inter alia, that defendant-petitioners agreed to sell a property situate at Rohni Road, Jasidih in the district of Santhal Parganas and a sum of Rs.2,501 was paid by the plaintiff as part consideration. On 28-3-1980 the petitioners intimated the plaintiff by a letter at his Patna address that the petitioners were unable to proceed with the proposed sale of the above property and enclosed a draft of Rs.2,501/- which had been paid by the plaintiff as part consideration. The agreement to sell was executed at Calcutta where the defendant-petitioners reside and conduct their business. The property is situate at Rohni Road, Jasidih in the district of Santhal Parganas outside the jurisdiction of Patna Court. The plaintiff-opposite party has prayed for a decree for specific performance of the agreement to sell the property situate at Jasidih on payment of balance of the consideration money amounting to Rs.45,874/- to the petitioners. The plaintiff has further prayed that in case the defendants failed to register the sale deed, the sale deed should be registered through the Court and the plaintiff be put in possession of the property so conveyed. They also prayed for permanent injunction restraining the defendants from transferring the said propety to anybody else.

(3.) The defendants took an objection in the suit before the Subordinate Judge 1st Court, Patna, regarding jurisdiction. It was contended that the Patna Court had no jurisdiction to try the suit inasmuch as the land was situate at Jasidih outside the jurisdiction of Patna Court and the defendants resided at Calcutta which too was beyond the jurisdiction of the Patna Court. The learned Subordinate Judge held that since part of the cause of action arose at Patna, the suit could be filed at Patna under S.20(c). Civil P. C.