DORAISWAMY RAJU, ARIJIT PASAYAT
New Moga Transport Company, Through Its Proprietor Krishnanlal Jhanwar – Appellant
Versus
United India Insurance Co. LTD. – Respondent
JUDGMENT
Arijit Pasayat, J.-Leave granted.
2. In this appeal, the only question that is raised is whether the High Court s conclusion that the Civil Court at Barnala had jurisdiction to try the suit filed by respondent No. 1-United India Insurance Co. Ltd. (hereinafter referred to as Plaintiff No.1 ) and Malwa Cotton Spinning Mills Ltd. (hereinafter referred to as plaintiff No.2 ) is correct or not. While the trial Court held that the Barnala Court had jurisdiction, the first Appellate Court held otherwise. Accepting the revision filed under Section 115 of the Code of Civil Procedure, 1908 (in short the CPC ) the High Court by the impugned judgment held that the trial Court s view was correct.
3. The dispute arose in the following background.
The plaintiff No. 2 had purchased certain articles which were booked in 29 bales, Material was booked with New Moga Transport Co., the present appellant (defendant No. 1) for transportation to Barnala. The goods were loaded in truck No. HYN 6973. The consignment reached Barnala at 9.30 a.m. on 23.5.1993 near the factory of plaintiff No. 2 On account of a fire which took place allegedly due to electric short-circuiting there was destruction of w
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