SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1939 Supreme(Mad) 86

VARADACHARIAR
Koka Audinarayana Rao Naidu – Appellant
Versus
Bhavaraju Lakshminarayana Rao – Respondent


JUDGMENT

Varadachariar, J.

1. This Civil Revision Petition arises out of a suit for accounts filed by a principal against his agent. Both the Courts have held that no part of the cause of action arose within the limits of the Chicacole Munsifs Courts jurisdiction and the plaint has been returned for presentation to the proper Court, as the conditions of Clauses (a) and (b) of Section 20 of the Civil Procedure Code are not satisfied in the present case.

2. The learned Counsel for the petitioner contends that either as a matter of law or even as an inference of fact as to the intended place of performance of the contract, I should hold that the cause of action arose in whole or in part within the Chicacole Courts jurisdiction. I am unable to accede to this contention. As pointed out by the learned District Judge, the reasoning in Tika Ram v. Daulat Raw (1924) I.L.R. 46 All. 465, where a very similar question arose, is clearly in favour of the view taken by the Courts below.

3. Mr. Jagannadha Das, the learned Counsel for the petitioner, has mainly relied on the decision of the Judicial Committee in Soniram Jeetmull v. R.D. Tata & Co. Ltd. (1927) 53 M.L.J. 25 : L.R. 54 IndAp 265 : I.L.R. 5




Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top