- (1.) HEARD Sri V. K. Bisht, Sr. Advocate, assisted by Sri Sushil Vashisth, counsel for the revisionist and Sri Chandra Mauli Sah and Sri Suresh Bhatt, counsel for the respondent.
(2.) BY the present civil revision filed under Section 115 of the Code of Civil Procedure, the revisionist has prayed for setting aside the order dated 1st May, 2001 passed by the Civil Judge Junior Division Nainital. Briefly stated, suit was filed by the applicant being Suit No. 540 of 1996 by Sri Ravindra Kumar Agap. Wal against M/s Cheema Papers Mills praying for a decree of an amount of Rs. 100,893. 00 as well as the decree for pendentelite and future interest. In the another suit (Suit No. 540 of 1996), the plaintiff Ravindra Kumar Agap. Wal has claimed in paragraph 8 of the plaint that vide Invoice No. 9/6 April 1992 Paper weighing 437 Kg. was sup plied to various forms and the consum ers have complained to the plaintiff Ravindra Kumar about the bad quality of papers, when he sought to received the payment of the Invoice. Paragraph 8 of the plaint is quoted below : "8. That vide invoice no. 9 dated 6-4-1992 paper weighing 4397 Kilo gram was supplied to M/s Vindhyavasini Corrugator (P) Ltd. , Basti; and vide invoice no. 16 dated 8-4-1992 paper weighing 9396 Kilo gram was supplied to M/s Sohni Packagers (P) Ltd. , Allahabad, and vide invoice no. 23 dated 11-4- 1992 paper weighing 10741 Kilogram was supplied to M/s Jamuna Fabricators Allahabad. Consumers concerned complained to the plaintiff about bad quality of paper when he sought to receive payment of the respective invoices. Plaintiff soon thereafter in formed the defendant company in writing about the complaints of the said consignees in respect of bad qualities of paper and thereafter set tled the matter with the consignees and obtained payment by allowing them rebate at the rate of Rupee one per Kilogram commensurate with the quality of the paper. Total amount of compensation granted as such was Rupees 24,534/- only. "
(3.) PARAGRAPH 34 relates to the cause of action. It reads as under : "34. That cause of action for the suit arose within the jurisdiction of this court when sub-standard and poor quality papers were supplied to the consignees and on 4-6-1992 when plaintiff complained to the defend ant company in writing about the supply of substandard papers and payments made by the consignees at rebates and informed the defendant company that this account has been debited with the amounts of rebate deducted by the consignees from their invoices and also when plain tiff sent advance deposit money by Bank draft dated 4-6-1992 of Benares State Bank Ltd. , Allahabad, and on 19-4-1992 when defendant company supplied defective and de plorably bad quality paper of M/s Prayag Packaging Industries Allahabad vide invoice no. 34 dated 19-4-1992 and vide invoice no. 49' dated 25-4-1992 and on 23-4-1992 when plaintiff had a talk on phone with Sri B. S. Cheema, director, and sought his advice about the aforesaid supply of defective and deplor ably bad quality of papers and when the consignee concerned accepted the said rotten goods on a discount of Rs. 4/- per kilogram and on 29-6-1992 when plaintiff wrote to the defendant company to send credit notes of the amounts of rebates suf fered by the plaintiff and on 29-9-1993 when plaintiff vide his letter of the said date sent to the defendant company detailed account of all the rebates granted on invoices pertain ing to the defective qualify of con signments and when plaintiff received defendant's letter dated 23-3-1994 admitting to have received com plaints of the plaintiff concerning supply of sub-standard papers and resultant losses by way of rebates and on 6-4-1994 when defendant company partly admitted its liability and on 18-4-1994 when plaintiff re ceived from Prayag Packaging Indus tries Allahabad consignee concerned copy of the letter1 of the defendant company dated 28-3-1994 with the reply of the said consignee to the de fendant company and on 18-4-1994 when plaintiff sent upto date state ment of account to the defendant and company claiming the outstand ing amount due to the plaintiff as agent of the defendant company in reply to their claim of Rs. 92000/-and on 19-4-1994 when a registered notice was given to the defendant company of recovery of plaintiffs dues and on 3-1-1996 when defend ant company making a wrong entry informed the defendant company on 1-4-1995 was Rs. 91,232. 88 paisa and on 26- 9-1996 when plaintiff re ceived vakaltan notice of the defend ant dated 23-9-1996 with wrong al legations denying the claim of the plaintiff and this court has jurisdic tion to try the suit since orders were received in Allahabad and payments were sent by the plaintiff to the de fendant from Allahabad vide Bank drafts, and since defendant com pany being in the position of debtor was liable to remit payment of the outstanding debt to the plaintiff at his place of business in Allahabad. " Another suit was filed being Suit No. 37 of 1997 M/s Cheema Paper Mills (P) Ltd. Vs. M/s Dwarika Trading Cor poration for the decree of realization of an amount of Rs. 1,55,919. 92 paisa along with interest @ 24% per annum. In suit No. 37 of 1997, the plaintiff has claimed himself to be the Industrial Unit situate at Bazpur, District Udham Singh Nagar. In paragraph 5 of the plaint, it has been stated that on the order placed by the defendant company, the supply was made by the plaintiff company and the amount having not been paid, present suit has been filed.;