STATE OF RAJASTHAN Vs. GUJARAT STATE CONSTRUCTION CORPORATION LIMITED GANDHINAGAR

JUDGEMENT

(1.) The petitioner State of Rajasthan is aggrieved by the order of the learned Civil Judge (S. D.) Narol dated 12-6-1987 below Exh. 7 being an application filed by the petitioner to hear the question of jurisdiction as a preliminary issue in Misc. Civil Applications Nos. 25 of 1987 26 of 1987 and 27 of 1987.

(2.) A few facts may shortly be stated to bring the controversy between the parties in a proper perspective. Brig. D. R. Kathuria was appointed Sole Arbitrator to decide different disputes between the State of Rajasthan and Gujarat State Construction Corporation Ltd. which arose out of three different contracts awarded to the latter by the former. The Chief Engineer Mahi-Bajaj Sagar Project Banswara filed three applications dated 21-3-1987 objecting to the jurisdiction of the Court namely the Civil Court (S. D.) at Narol contending that under Clause 41 of the Special Conditions of Contract all suits relating to the dispute arising out of the contract are required to be instituted in the trial Court of Rajasthan and praying that preliminary objection of the State of Rajasthan may be taken on record be heard and tried as a preliminary issue. The respondent Gujarat State Construction Corporation Limited filed respective replies contending that the question about jurisdiction of the Civil Court at Narol could not be decided without taking evidence in the matters since the issue involved both questions of facts and law and that therefore the jurisdictional issue could not be tried as a preliminary issue.

(3.) Since all the three Miscellaneous Civil Applications raise identical questions of facts and law they were heard and decided together with the consent of both the parties and they were disposed of by a common order. For the reasons recorded by the trial Judge in his judgment he dismissed application Exh. 7 of the petitioner the State of Rajasthan for hearing the issue relating to the question of jurisdiction as a preliminary issue.