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THE HIGH COURT OF KARNATAKA
V SRISHANANDA
ANDREW YULE & CO LTD. – Appellant
Versus
SMT ASHA U SUVARNA – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 3 , 4 , 5 , 6) |
| 2. defendant's jurisdiction argument (Para 12 , 13 , 15) |
| 3. ratio on jurisdiction considerations (Para 14 , 26) |
| 4. observations on the nature of jurisdiction (Para 19 , 21 , 25) |
| 5. conclusion and directions for expedited trial (Para 30 , 31) |
ORDER :
V.SRISHANANDA, J.
Heard Sri.P.N.Manmohan, learned counsel for the revision petitioner and Sri.Dheeraj, learned counsel appearing on behalf of Sri.Sanath Kumar Shetty K., learned counsel for the respondent.
2. Defendant in O.S.No.137/2004 is the revision petitioner challenging the order passed by the II Additional Senior Civil Judge and CJM, Mangaluru on I.A.No.4 dated 14.02.2019 whereby one of the defences taken by the defendant is that the Court has no jurisdiction, was tried as preliminary issue and held against the defendant.
3. Facts of the case which are utmost necessary for disposal of the revision petition are as under:
3.1. A suit came to be filed by the plaintiff with the following prayer:
“The plaintiff therefore prays for a judgment and decree granting the following reliefs:
1. Directing the defendant to pay a sum of Rs.25,22,811-00 as morefully set out in schedule ‘A
Jurisdiction in contract disputes depends on where significant acts occurred, not solely on contractual jurisdiction clauses.
The main legal point established in the judgment is the application of territorial jurisdiction under section 20 of the CPC, emphasizing the significance of the location of the contract's making and ....
The validity of the jurisdiction clause in an agreement and the determination of cause of action based on the place of goods supply and payment location.
The main legal point established in the judgment is that the issue of territorial jurisdiction can be tried as a preliminary issue under Order XIV Rule 2 of the Civil Procedure Code.
Point of Law : Recover of amount - Jurisdiction - Section 20 clearly provides that a court within whose local limits the cause of action, “wholly or in part”, arises, would have territorial jurisdict....
The main legal point established in the judgment is that parties can, by agreement, exclude the jurisdiction of one Court and the suit would lie in the Court to be agreed upon by the parties.
Point of Law : Return of plaint – Jurisdiction of Court- Work Contract - Cause of action for the institution of the suit has arisen at Raipur where the alleged contract was executed Hence Court has j....
The jurisdiction of courts in civil matters is determined by the location of payments made, as established under Section 20 of the CPC.
The issue of territorial jurisdiction is a mixed question of law and fact, and cannot be decided as a preliminary issue.
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