FIRM PURSHOTTAMDAS SAMALDAS Vs. FIRM BILASRAI MANNALAL

JUDGEMENT

(1.) THIS is a revision by the defendant against an order of the Civil Judge, Ratangarh, dated the 8th September, 1954, deciding a preliminary issue as the jurisdiction against the defendant.

(2.) THE plaintiff is a partnership firm carrying on business in the name of Bilasrai Mannalal in Ratangarh. THE defendant is a firm which carries on business as commission agents in the name of Purushottam Das Samal Das in Kotah. THE plaintiff's case briefly was that one of its partner Banshidhar went to Kotah on the 17th July, 1953, and placed certain orders for the purchase of rice, dhania, barley etc. which the defendant firm. Certain payments were made by means of hundies by the plaintiff to the defendant. Disputes then arose between the parties and the plaintiff eventually filed the suit, out of which the present revision arises for the recovery of a sum of Rs. l769/13/- in the court of the Civil Judge, Ratangarh. THE defendant in his jawabdava raised a number of please but the only plea which is relevant for the purpose of the present revision is that he raised an objection that the court at Ratangarh had no jurisdiction to enervation the present suit as the defendant admittedly lived in Kotah and, further, no cause of action whatever had arisen within the jurisdiction of that court and, therefore that court was not competent all to entertain this suit. THE Civil Judge framed the following issue - "was the suit within the jurisdiction of his court?" and tried it is a preliminary issue. He came to the conclusion that ordinarily the suit should have been filed in the competent court at Kotah but further found that the defendant had submitted to the jurisdiction of the court at Ranagarh and, therefore, he was competent to entertain the suit and in coming to that conclusion, he appears to have relied on a decision of this court in Ramlal vs. Ram Gopal (1 ). This revision has been preferred be the defendant against the above order. THE contention is that the court below has misunderstood and misapplied the law enunciated in Ramlal's case and that it has no jurisdiction to try the present suit and, therefore, the order of the Civil Judge is unsustainable in law and should be set aside.