SUKHDEO SINGH RAJPUROHIT Vs. STATE

JUDGEMENT

(1.) The plaintiff-appellant filed a suit for recovery of the amount against the defendant-respondents on the ground that the amount covered by the bills have not been paid to him. A decree was passed in favour of the plaintiff on 3-3-1994 by the learned Additional Civil Judge, No. 1, Jodhpur which decision was challenged by way of appeal which came to be heard by the learned Additional District Judge No. 2, Jodhpur. The learned Additional District Judge accepted the appeal of the defendant State vide the impunged judgment and decree holding that the court that passed the decree had no jurisdiction to try the suit.

(2.) Admittedly, no decision on merits was given and hence this appeal has been filed by the plaintiff.

(3.) Issue No. 4 was framed in respect of the jurisdiction of the Court. While deciding issue No. 4 a reference was made to the observations appearing under issue No. 3 that on the offer it was clearly stipulated that all disputes shall be referable to Jodhpur jurisdiction. It, thus, came to be accepted by the respondent State that they would be amenable to Jodhpur jurisdiction of the Court. It has also been observed by the learned trial Court under issue No. 4 that the printing work as per undisputed position was to be carried out at Jodhpur. The learned trial court, thus, held under this issue that the court at Jodhpur has jurisdiction to try the suit. Hence, the issue was answered in favour of the plaintiff.