KALIAPPA CHETTIAR AND SONS Vs. CURRIMBHOY LALJEE SAJUN AND CO

JUDGEMENT

(1.) The plaintiffs have preferred this Civil Miscellaneous Appeal from an order returning the plaint for presentation to the proper Court having jurisdiction to try the suit. The first defendant is a firm carrying on business at Bombay and the 2nd defendant was the agent of the 1st defendant at Cochin at the time of the transaction which has given rise to the suit. The suit was for recovery of damages for short delivery of goods transported by sea by the 1st defendant as per Bill of Lading dated 30.3.1949. The 2nd defendant was sought to be made liable for the plaint claim in case the 1st defendant was found to be not liable for the same. The cause of action for the suit was alleged to have arisen at Bombay and Cochin. The 1st defendant contended inter alia that the lower court had no jurisdiction to entertain the suit. Issue No.5 related to the question of jurisdiction. This was heard as a preliminary issue and the Court found that the suit could be filed only at Bombay. The plaint was accordingly ordered to be returned to the plaintiffs for presentation to proper Court.

(2.) The defence contention regarding want of jurisdiction was based on the following clause in the Bill of Lading.

(3.) The validity of similar agreement came up for decision before a Full Bench of the Lahore High Court in Musa Ji Lukman Ji v. Durga Das (AIR 1946 Lahore 67). It was held: