- (1.) This miscellaneous appeal is directed against order dated 15.2.08 of the Additional District Judge, No. 1, Bikaner whereby while allowing an application preferred by the respondents/defendants u/S. 20 read with Section 151 CPC, the suit preferred by the appellant/plaintiff has been returned for proper presentation, holding that the said court has no jurisdiction to entertain the suit. The brief facts in nutshell are that the appellant/plaintiff was awarded a contract by the respondents/defendants for supply of 33 KV Pin Insulator. The clause 14 of the agreement arrived at between the parties makes provision with regard to jurisdiction of the court to decide the dispute arising between the parties, which reads as under:- 14. DISPUTE:-Dispute, if any out of or in respect of this order, are to be settled at Jabalpur or triable in any competent court situated at Jabalpur.
(2.) The appellant/plaintiff filed a suit for recovery of a sum of Rs. 1,08,607/- against the respondents/defendants before the court of District Judge, Bikaner which was later transferred to the court of Additional District Judge No. 1, Bikaner. The plaintiff alleged that the respondents/defendants made illegal deductions from the amount payable against the goods supplied. Regarding the jurisdiction of the court to hear the suit, in para No. 14 of the plaint it was stated that the order to supply the goods was sent by the defendants to the plaintiff at Bikaner and the goods were dispatched from Bikaner. It was further alleged that the plaintiff accepted the offer to supply the goods at Bikaner and the payment against the goods supplied was also made at Bikaner. Accordingly, it was stated that the said court has jurisdiction to entertain the suit.
(3.) The respondents/defendants relying upon clause 14 of the agreement referred supra made an application u/S. 20 read with Section 151 CPC stating that as per the agreement, the dispute, if any out of or in respect of the supply orders are to be settled at Jabalpur or triable in any competent court situated at Jabalpur and therefore, the suit filed in the court at Bikaner is not maintainable.;