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1967 Supreme(Guj) 88

N.K.VAKIL
H. S. SHOBASING AND SONS – Appellant
Versus
SAURASHTRA IRON FOUNDRY AND STEEL WORKS PRIVATE LIMITED – Respondent


Advocates Appeared: N.R.OZA, R.C.MANKAD

N. K. VAKIL, J.

( 1 ) THIS revision application raises a question of jurisdiction of the Court of the Civil Judge (junior division) at Bhavnagar to grant reliefs asked for in Civil Suit No. 423 of 1962 filed by the present opponent against the applicant. The parties had entered into correspondence whereby the opponent had placed an order for 24 Semi Chilled Cast Iron Rolls which the present applicant had agreed to supply on certain terms. The opponent had paid Rs. 4 0 as advance to the applicant. After some inordinate delay goods were supplied but they were found not in accordance with the sample or as per the terms of the contract and the opponent refused to take delivery of the goods and the goods were then carried by the applicant to Bombay. It may be mentioned that the opponent firm is at Bhavnagar while the applicants are of Bombay. The opponent ultimately filed the above said suit against the applicant for the return of Rs. 4 0 which were given as advance and also claimed Rs. 3 0 as damages for breach of the contract. On behalf of the applicant the suit was contested on various grounds one of them being that the Bhavnagar Court had no jurisdiction to try and decide the suit. I








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