RAJA BROTHERS CLOTH MERCHANTS CHANDNI CHOWK KUCHA REHMAN DELHI Vs. CHANRAI UTTAM CHAND

JUDGEMENT

(1.) The trial Court as well as the first appellate Court held that the Delhi Courts had no jurisdiction to try the suit which had been filed by the petitioners against the res- pendents. This decision was given on issue No. 2, which is framed as follows:-

(2.) Both the Courts below came to the conclusion that there was no acceptance of the contract at Delhi as alleged by the petitioners and that the so-called acceptance was merely a counteroffer. In coming to this conclusion the Courts below referred to the correspondence between the parties.

(3.) The petitioners had also urged before the Courts below that they were claiming jurisdiction also on the ground that the communication revoking the contract was received by them in Delhi and such communication was the cause of action which gave rise to the suit. This plea was not entertained on the ground that it had not been taken in the plaint.