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2015 Supreme(Gau) 481

NISHITENDU CHAUDHURY
Basant Jain – Appellant
Versus
State of Arunachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For Appellant :G.N. Sahewalla, Sr. Advocate and B. Sarma, Advocate
For Respondents:S. Sarma, Advocate

JUDGMENT :

Nishitendu Chaudhury, J.

1. Judgment and decree dated 10.12.2008 passed by learned Civil Judge in the district of Sonitpur at Tezpur in Money Suit No. 4/2000 has been challenged in the present first appeal. By that judgment, learned trial court dismissed the suit of the plaintiff, inter alia, holding that the court does not have territorial jurisdiction to try the suit. One Basant Jain, as plaintiff, instituted Money Suit No. 4/2000 in the court of learned Civil Judge (Sr. Divn.) at Tezpur on 11.2.2000 for recovery of money due from the defendants to the tune of Rs. 14,93,023/-. The pleaded case of the plaintiff is that the defendant No. 3 had a telephonic conversation with the plaintiff on 04.03.1996 asking him to supply materials at Bolen in Arunachal Pradesh at the rate indicated by him. Plaintiff readily accepted the proposal and pursuant thereto he met defendant No. 3 at Pashighat on 06.03.1996 and thereupon defendant No. 3 issued as many as 5 (five) work orders to the plaintiff on 06.03.1996 for a total sum of Rs. 9,84,083/-. Plaintiff supplied the materials on 10.02.1997 to the defendant No. 5 at Bolen in Pashighat through his Junior Engineer and in receipt thereof



















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