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1978 Supreme(Bom) 175

DHARMADHIKARI
Hindustan Tiles Corporation – Appellant
Versus
Kisanlal Mataprasad Agrawal – Respondent


Advocates:
V.G. Bhonsule, for Applicant; G.G. Modak, for Opponent.

ORDER :- This is a Revision Application filed by the original defendant against an order passed by the Civil Judge, Junior Division, Nagpur, on 12th March 1975 answering the preliminary issue against him and in favour of the plaintiff.

2. The plaintiff, Kisanlal Mataprasad carrying on business under the name and style of "Shciram Kavelu Bhandar" having his place of business in Gandhibag Nagpur filed the present suit against the applicant defendant M/s. Hindustan Tiles Corporation, having its place of business at Ollur in Kerala State. The suit was filed for recovery of a Rs. 5,500/- for breach of a contract. In the plaint itself it was alleged by the plaintiff that he had entered into the suit agreement with the defendant's representative on the assurance that the condition about the jurisdiction of Trichur Court on the reverse of the contract form is merely a printed condition and not binding on him. It was also contended that the condition mentioned in the order form restricting the jurisdiction to Trichur Court only cannot restrict the ordinary jurisdiction of the Civil Court at Nagpur and, therefore, the Court at Nagpur has jurisdiction to try the suit inasmuch as the cause of a













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