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1992 Supreme(Ker) 236

K.G.BALAKRISHNAN
Femina Handloom of India, Can­nanore – Appellant
Versus
M. R. Verma – Respondent


Advocates:
M/s. P. V. Narayanan Nambiar, M. P. Ashok Kumar and P. A. Bhaskaran, for Petitioner; By Party, for Respondent.

JUDGEMENT:-

Plaintiff in O.S. 116 of 1986 on the file of the Sub Court, Tellicherry is the appellant. The appeal is directed against the return of the plaint on the ground that the court below had no territorial jurisdiction to entertain the suit.

2. The suit is for realisation of the amount due from the defendant being the price of 2000 meters of cotton handloom "oxford fabric" variety sold by the plaintiff to the defendant. In the plaint the plaintiff alleged that the defendant offered to purchase cotton handloom fabric at the rate of Rs. 13/- per meter and this offer was accepted by the plaintiff. The plaintiff later informed the defendant that she would be dispatching the goods through Sharma bus, a common carrier. The goods were delivered through the common carrier and it reached the defen­dant's warehouse on 23-10-84. Plaintiff later sent invoice demanding Rupees 27,275.30 being the value of the goods dispatched. Defendant postponed the payment under some pretext or other and ultimately the plaintiff filed the suit.

3. In the plaint the plaintiff alleged that the goods were delivered to Sharma bus from Kannur. So part of the cause of action arose at Kannur and therefore the sui












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