MOHAN MEAKIN Vs. HIMALAYA ENTERPRISES AND CO.

JUDGEMENT

(1.) This revision petition under Sec. 115 of the Code of Civil Procedure (hereafter referred to as the Code) is directed against the order dated 27-5-1998, passed by the learned District Judge, Solan in Civil Appeal No. 42-S/13 of 1997, whereby he affirmed the order dated 18-1-1997 passed by the learned Senior Sub Judge, Solan, directing the return of the plaint to the plaintiff on the ground that the said Court has no jurisdiction to entertain the suit between the parties.

(2.) The case has though a long and chequered history but the whole of it need not be set out here and the facts relevant and necessary for the purpose of disposal of this petition may be noticed. The plaintiff-petitioner (hereafter referred to as the petitioner) instituted a suit for recovery of Rs. 1,97,177.00 against the respondents - defendants (hereafter referred to as the respondents) on the averments that the petitioner is a company duly incorporated under the Companies Act having its registered office at Solan. Respondent No.1 is a partnership firm, running English wine shop in Form L-I at Circular Road, Shimla. Respondents 2 and 3 are its partners. Respondent No. 1 had been obtaining supplies of Indian made foreign liquor and beer manufactured by the petitioner from its wholesale depot at Shimla on credit from 3-6-1985 to 26-8-1985. As per the plaint, at the time of the institution of the suit, the aforesaid suit amount was payable by the respondents on account of the said supplies. Hence, the suit by the petitioner.

(3.) Though the suit was once decreed ex parte but such decree was subsequently set aside and the defendants filed written statement. Inter alia they took the ground of defence that the Court at Solan had no jurisdiction to try the suit. In view of this ground inter-alia, the following issue which was treated as a preliminary issue, was framed by the trial Court.