Indrajit Chatterjee, J. - (1.) This is an application under Article 227 of the Constitution of India wherein the order dated 12th November, 2013 as passed by the learned 7th Civil Judge (Senior Division) at Alipore, South 24 -Parganas has been assailed by the present applicants who were defendants in Money Suit No. 03336 of 2012.
(2.) The case of the petitioners/defendants is that the Alipore court had no jurisdiction over the matter. He took me to Sec. 20 and also to Order 7 Rule 10 of the Code of Civil Procedure read with Sec. 151 of the Code of Civil Procedure to convince this court that actually the court of Alipore within the District of South 24 -Parganas had no jurisdiction over the dispute raised by the present opposite party.
(3.) Learned Counsel appearing on behalf of the petitioners submits that the places of residence of both the parties are at Hooghly. The place of business of the defendants/petitioners is at Naihati. Goods were supplied at Naihati within the district of North 24 -Parganas, payments have been received and accepted from Naihati and the bankers of the present petitioners are at Naihati within the district of North 24 -Parganas and at Chinsurah within the district of Hooghly. Thus, he tried to convince this court that the court of Alipore had no jurisdiction over the matter. It is his further submission that as regards the agreement between the parties in case of dispute suit will have to be filed before any court in Kolkata cannot have the sanction of law. Learned Counsel cited a decision of Allahabad High Court as reported in : AIR 1978 Allahabad 455 (Magni Lal v/s. Satyanarayan) wherein the Allahabad High Court held that no single party can impose in terms of the contract upon other unless it is agreed by the other parties expressly. Thus, he submitted that no written agreement was made on that score and as such, that plea as raised by the plaintiff cannot have application as regards the fixation of jurisdiction.;