NARENDRA & CO Vs. GANGANAGAR SUGAR MILLS LTD

JUDGEMENT

(1.) None appears for the respondent despite service. Heard learned counsel for the appellant.

(2.) By this appeal, the impugned order dtd. 27.5.2000 passed by the learned Additional Dist. Judge No. 3, Udaipur has been challenged by the petitioner whereby the learned Court below returned the plaint of Suit No. 319/1996 (22 of 1989), M/s. Narendra & Co. v. Ganganagar Sugar Mills Ltd., for proper presentation under Order 10 (sic order 7 Rule 10) C.P.C. holding that as per Section 20 of Civil Procedure Code, the suit could be filed against the defendant only at Jaipur where its head-office of defendant-company was situated and since no cause of action arose at Udaipur, the plaint was liable to be returned for proper presentation.

(3.) The learned trial Court in the impugned order dtd. 27.5.2000 has found that the contract for transportation of material for defendantcompany was signed at Jaipur and not at Udaipur and the payment to 'the plaintiff was also made at Jaipur and even the negotiations and tender took place at Jaipur and therefore, no part of cause of action arose at Udaipur so as to vest the Court at Udaipur with the jurisdiction to maintain the suit in question at Udaipur.