T. Vaiphei, J.

1. This first appeal is directed against the judgment and order dated 19.5.2008 passed by the learned Civil Judge (Senior Division), No. 1, Guwahati in Misc. (J) Case No. 129 of 2007 as well as the order dated 19.5.2008 passed in the connected Money Suit No. 20 of 2007 returning the plaint on the ground that he had no territorial jurisdiction to entertain the suit.

2. The Appellant as the Plaintiff i.e. Candid Drug Distributors, Guwahati had instituted the money suit in question against the Respondent/Defendant, namely, Wanbury Ltd. Mumbai, before the learned Civil Judge (Senior Division) No. 1, Guwahati for recovery of As. 1,71,24,267/-. This is how the dispute arose. The Appellant was appointed by the Respondent on 30.3.2001 as Distributor on consignment basis ('DCB') in terms of the agreement executed between them, and the nature of this appointment was subsequently converted to Carrying and Forwarding Agent ("C&FA") with reduced commission due to poor performance on the part of the Appellant. In clause 36 of the agreement dated 30.3.2001, it had been agreed by the parties that in the event of any dispute arising between them warranting litigation, the Courts i