- (1.) Heard Sri M.A. Qadeer, learned senior Advocate assisted by Sri Shakti Dhar Dubey, learned counsel for the appellant/ defendant No.6 and Sri C.L. Pandey, learned senior Advocate assisted by Sri K.K. Mani, learned counsel for the plaintiff respondent No.1. Submissions of the parties:
(2.) Learned counsel for the defendant-appellant submits as under: (i) No cause of action accrued as per plaint within the jurisdiction of District Court, Ballia rather as per allegations in the plaint, the cause of action accrued at Ranchi and, therefore, the suit filed by the plaintiff respondent No.1 at Ballia, was not maintainable due to lack of territorial jurisdiction. (ii) The plaintiff respondent No.1 failed to prove that there was any concluded contract between the plaintiff-respondent No.1 and the defendant appellant. He neither led any evidence in this regard nor filed in evidence the alleged allotment order of 1620 MT coal. (iii) The plaintiff respondent No.1 miserably failed to prove and place any evidence on record that the alleged payment of Rs.4,10,000/-, was made by him to the defendant-appellant. Neither complete particulars of the alleged two bank-drafts including the name of the bank, the issuing branch and denomination of each bank drafts, were disclosed in the plaint nor any evidence in this regard were filed and as such the court below committed a manifest error of law and facts to decree the suit without there being any evidence of payment of Rs.4,10,000/- by the plaintiff-respondent No.1 to the defendant appellant through alleged bank-drafts.
(3.) In support of his submissions, learned counsel for the appellant has referred to the contents of notice dated 03.07.1985 (paper No.54Ga/1) under Section 80 C.P.C., various paragraphs of the plaint (paper No.88Ka/2), cross-examination of the plaintiff-respondent No.1 dated 15.03.2008 (paper No.88Ka/2/10), letters of the plaintiff-respondent No.1 dated 21.09.1984 (paper No.54ga/11), dated 12.10.1984 (paper No.54Ga/12), dated 26.11.1984 (paper No.54Ga/14) and dated 15.10.1984 (paper No.54Ga/15), FIR dated 11.06.1987 lodged by the Supply Inspector, District Ballia showing commission of offence on 02.08.1984 (paper No.72Ga/1), and statements of DW-1 dated 01.04.2008 and 02.04.2008 (paper No.98A2).;