SUN BEVERAGES PVT LTD Vs. VIVEK AND COMPANY

JUDGEMENT

(1.) FEELING aggrieved by the order dated 9-3-2000 of Fourth Additional Judge to District Judge, Bhind in Civil Suit No. 4/98 where under a preliminary objection of the petitioners under Section 20 read with Order 7 Rule 11, CPC regarding jurisdiction of the Court to entertain the suit was overruled, the defendant-petitioners have come up in revision seeking redress praying for rejection of the plaint on the ground of jurisdiction.

(2.) THE suit of plaintiff-respondent No. 1 is for recovery of an amount of Rs. 1,86,308/- on the ground that Rajendra Singh, husband of defendant No. 1, and father of rest of the defendants, on 9-1-1995 had agreed at Bhind to supply cold drinks on the condition that the spoiled material along with Wardana will be taken back. The payment was made through bank drafts payable at Agra where the cold drink factory of the defendants is situated. During this business transaction, 1302 bags of cold drinks were found spoiled which was returned along with Wardana but the price of the same was not adjusted with the result plaintiff is entitled to recover the amount of 1,86,308/-from the defendants.

(3.) THE defendants without Filing the written statement moved an application under Section 20 read with Order 7 Rule 11, CPC for rejection of the plaint on the ground that the factory of cold drinks and its office is situated at Agra. Since the defendants resided and carrying on business from Agra and they have specifically mentioned in their invoices that any dispute is subject to Agra jurisdiction and further the payments were also made through drafts at Agra, the Court at Bhind had no jurisdiction to entertain the suit. The plaint is liable to be dismissed in absence of jurisdiction of the Court. The learned Trial Court vide the impugned order dismissed the application of the defendants on the ground that since no written statement has been filed in the case, the jurisdiction of the Court has to be decided on the basis of averments made in the plaint. Since according to the pleadings of the plaint, the business terms were settled at Bhind between the parties, the jurisdiction of the Court at Agra cannot be assumed merely on the ground that the payment was made at Agra. Since the payment was made through Bank drafts, it cannot be said that there was any settlement between the parties regarding payment at Agra. However, if it is found that the two Courts have jurisdiction to entertain a suit for the dispute of this nature, then the suit can be filed in the Court of any place having jurisdiction. The jurisdiction of the Court cannot be ousted on the basis of the invoices in absence of specific written agreement between the parties for ousting the jurisdiction of the Court.