SAVANI TRANSPORT Vs. UNITED INDIA FIRE AND GENERAL INSURANCE COMPANY

JUDGEMENT

(1.) This Civil Revision Petition has got to be allowed following the decision of Gangadhara Rao J., reported in E.I.D. Parry (India) Ltd. vs. M/s. Savani Transports. In fact, the petitioner herein and the respondent in the case before Gangadhara Rao, J., is the same party, and the relevant facts too are identical.

(2.) The relevant facts are: the plaintiffs (respondents) filed a suit for recovery of money on account of damages. The plaintiffs' case is that the defendant, which is a Transport Company, was entrusted with the transport of certain goods; but that the goods were lost in fire at the defendant's godown at Delhi, and were not delivered. First plaintiff is the Insurance company, while the second plaintiff is the owner of the goods. Ths 1st plaintiff says that it has paid the value of the goods to the 2nd plaintiff. The present suit is to recover the said value from the Transport Company, ie., the defendant. The defendant, inter-alia, raised an objection as to the territorial jurisdiction of the Court of Subordinate Judge, at Vijayawada, to try the present suit. The defendant's objection was mainly based upon the stipulations contained in Ex. A-1, the lorry-receipt. Both under the sub-heading "at carrier's risk terms and conditions" and "at owner's risk", the following stipulation occurst

(3.) Section 20, CPC., in so far as it is relevant, reads as follows :