SHRI PEMA CHIGE S/O LATE DORJEE TASHI Vs. SMTI. LAMDEMA TSERING, W/O MR. TARIK TALOM
LAWS(GAU)-2018-3-61
HIGH COURT OF GAUHATI
Decided on March 05,2018

Shri Pema Chige S/O Late Dorjee Tashi Appellant
VERSUS
Smti. Lamdema Tsering, W/O Mr. Tarik Talom Respondents

JUDGEMENT

AJIT BORTHAKUR,J. - (1.) This is a revision petition under Section 115 of the Code of Civil Procedure read with Article 227 of the Constitution of India preferred against the order, dated 06.10.2016, passed by the learned Addl. District Judge, West Sessions Division, Bomdila, Arunachal Pradesh, in MS No. 01 of 2014.
(2.) The petitioner/defendants' case, in a nutshell, is that the petitioner/defendant No.1 in the said MS No. 01/2014, who is a resident of village Shyo, Tawang District of Arunachal Pradesh, is the proprietor of M/S Oriental Fresh, Tawang District and respondent/plaintiff, is the proprietor of M/s. Brai-Phu Kiwi Orchard, West Kameng District, Arunachal Pradesh. Sometime, in the month of October, 2011, the petitioners No. 1 and 2 had approached the plaintiff/respondent at his native place at Samphung village, Kalaktang with a request to supply of Kiwi fruits to them at the rate of Rs. 43 per KG. In the written statement, a specific stand has been taken that the defendants on the request of plaintiff at Guwahati, had accepted the supply of Kiwi. It is the case of the petitioners/defendant that the cause of action for this claim of the plaintiff had actually arisen at Guwahati not at Kalaktang. Accordingly, a preliminary objection was raised by the defendant challenging the territorial jurisdiction of the learned Addl. District and Sessions Judge, Bomdila and by its order, dated 22.03.2016, after hearing the learned counsel for the parties, and having gone through the documents was of the view that the business might have taken place at Kalaktang. Accordingly, by the said order, dated 22.03.2016, the learned Court was not inclined to dismiss the petition, as the burden would lie upon the plaintiff to prove that the business transactions had taken place at Kalaktang and thereby the cause of action has arisen within the jurisdiction of the said Court. Accordingly, the learned court held that the burden to discharge the proof that business transactions had taken place at Kalaktang in order to justify that the cause of action has arisen within the jurisdiction of the said Court would be considered at a letter stage. Accordingly, 13.05.2016 was fixed for submission of the written statement.
(3.) The respondent/plaintiff, by filing an affidavit-in-opposition averred that a part of cause of action arose in her native place as the oral agreements in regard to demand and supply of the Kiwi fruit consignments were made at his native place, that is, Samphung village, Kalaktang, West Kameng District, Arunachal Pradesh. It has been further averred that the petitioners/defendant had approached her at his aforesaid native place and visited his Kiwi fruit garden site and requested for supply of Kiwi fruits to them at the rate of Rs. 43 per kg as per mutual oral agreement. As per oral agreement, entered into between the petitioner No. 1/defendant, the respondent/plaintiff herein supplied the fruits through Challan by different vehicles from his native place and the petitioners/defendant agreed to make payments against the supply at her native place. It is also averred that the petitioner No.1/defendant, who is the proprietor of Oriental Fresh, in her visiting card indicated that their principal office is situated at Tawang, Arunachal Pradesh, showing further the village Shyo, District Tawang, Arunachal Pradesh. Section 20 (C) of the Code of Civil Procedure, provides as 'the cause of action, wholly or in part, arises', meaning thereby, where money is expressly or impliedly payable under a contract. The respondent/plaintiff has referred to the established principle that the debtor has to discharge his obligations to the creditor at the latter's place and consequently, the Court of learned Addl. District Judge, Bomdila, West Kameng District has the territorial jurisdiction to try the suit.;


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