SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1995 Supreme(SC) 549

B.L.HANSARIA, K.RAMASWAMY
Angile Insulations – Appellant
Versus
Davy Ashmore India LTD. – Respondent


Advocates:
D.P.MUKHERJI, P.R.SITHARAMAN, S.N.Mishra, SANJAY GHOSH

JUDGMENT

 Leave granted.

2. The appellant had initiated action in the Court of Subordinate Judge, Dhanbad for recovery of certain amounts said to be due from the first respondent. The appellant filed the case on a contract executed by the first respondent. On filing the suit for recovery of the amounts, the respondents raised the objection as regards the jurisdiction of the Court and placed reliance on Clause (21) of the contract. The trial court returned the plaint for presentation to the proper court by its order dated September 1. 1983. Thereon, the appellant carried the matter in revision to the High Court. The High Court in the impugned order made in C.R.No.20/84 dated August 17,1987 upheld the view of the trial Court and dismissed the revision. Thus, this appeal by special leave.

3. The principal contention raised by the appellant is that S.20,of C.P.C.provides that where cause of action had arisen partly within territorial jurisdiction of one court or partly in another Court it would be open to the parties to avail of the remedy at the Court where part of the cause of action had arisen. In support thereof, he contended that the contract was entered into and executed within the








Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top