M/S GAYDAY IRON & STEEL COMPANY, LIMITED, CALCUTTA Vs. MUNICIPAL COMMITTEE, AMRITSAR
LAWS(P&H)-1976-10-37
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 18,1976

M/S Gayday Iron And Steel Company, Limited, Calcutta Appellant
VERSUS
Municipal Committee, Amritsar Respondents

JUDGEMENT

Rajindra Nath Mittal, J. - (1.) THIS revision petition has been filed by the defendant against the order of the Subordinate Judge 1st Class, Amritsar, dated November 1, 1975.
(2.) THE plaintiff instituted a suit for specific performance on the basis of the contract for supply of C.I. Spun pipes and in the alternative for recovery of Rs. 88,325.70 P. on account of damages for breach of contract. The suit was contested by the defendants who inter alia, pleaded that the Civil Court at Amritsar had no jurisdiction to entertain and try the suit and the plaint was not signed and filed by a properly authorised person. The trial Court decided that the civil Court at Amritsar had jurisdiction to entertain and try the suit and that the plaint had been signed and filed by an authorised person. The defendant has come up in revision against that order to this Court.
(3.) THE first question that arises for determination is ; as to whether the civil Court at Amritsar had jurisdiction to entertain and try the suit. The trial Court after taking in to consideration the evidence on the record has given a finding of fact that the contract was entered into by correspondence at Amritsar. After going through the judgment I do not find any fault with the said conclusion arrived at by the learned trial Court. If the contract was entered into at Amritsar, the civil Courts at Amritsar had jurisdiction to try the suit as part of cause of action arose there. In the circumstance the finding of the Court on this matter is correct and there are no sufficient grounds to interfere with it.;


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