NAHAN FOUNDRY A LIMITED COMPANY IN HIMACHAL PRADESH Vs. MOHANLAL KHIMJIBHAI AND SONS

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned single Judge in Appeal from Order No. 60 of 1969.

(2.) The facts of the case briefly stated are as under The plaintiff-M/s Mohanlal Khimjibhai & Sons-a firm carrying on business at Chalala in Dhari Taluka of Amreli District filed in the Court of the Civil Judge Senior Division at Amreli Special Civil Suit No. 5 of 1967 against three defendants for recovering a sum of Rs. 50 0 on account of damages arising out of breach of contract. Nahan Foundry of Nahan in Himachal Pradesh is the first defendant to the suit. Union of India is the second defendant to the suit and the Government of Himachal Pradesh is the third defendant to the suit. The defendants raised a preliminary contention that by virtue of the agreement Ex. 28 executed between the parties the Court exercising jurisdiction over Nahan in Himachal Pradesh alone had the jurisdiction to try the suit and that the Court at Amreli had no such jurisdiction.

(3.) The learned Trial Judge tried the preliminary objection and held that he had no jurisdiction to try the suit. He therefore ordered the plaint to be returned to the plaintiff for presentation to proper Court.